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OCNKALOOY 



ALLEN COUNTY PUBLIC LIBRARY 



3 1833 01740 5249 



GENEALOGY 
975.8 
G2971 
1918 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/georgiahistorica02geor 



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THE 

Georgia historical 
quarterly 




PUBLISHED BY THE 



GEORGIA HISTORICAL SOCIETY 



SAVANNAH, GEORGIA 



VOLUME TWO 



Printed for the Society by 

BRAID & HUTTON, INC., 

Savannah, Georgia 



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MARCH, 1918 


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Georgia Historical Quarterly, March, 1918 > 

;■ -.- ■ "-■ . ■'- \ ■ ■ ■ ■;■-".■,. ■ : ', '-\' ■•^'■i-.:'v-^ 

Liberty. County, Georgia--' >___„ By John B. Mallard ni-: 

Sir James Wright, Governor of Georgia, i76o-i782____ ^ V;,?'- 
" /]': — ^_ ^_„_____1 r__l_____By William Harden. 22-36 ?i 

An Early Description of Georgia, from The Gentleman's -,V;^w 
Magazine _^___-______^___l_i. - _____^_:-l 37-42^! 

Protest and Caveat of Governor Wright against Thomas' - ••< \??- 
Boone ._:_. ._^__ _^ ^___— .___—. 43-46;/'^^ 

The Moravians of Georgia and Pennsylvania as Educa- v |v 
' :: tors— — _-_:______j_j ^________By the Editor 47-56i"V| 



Queries arid Answers 

Editor's Notes ^^_ ___:._ 



THE 

GEORGIA HISTORICAL 

QUARTERLY 




PUBLISHED BY THE 



GEORGIA HISTORICAL SOCIETY 



SAVANNAH, GEORGIA 



VOL. II--N0. 1 



MARCH, 1918 



Printed for the Society by 

BRAID & HUTTON, INC., 

Savannah, Georgia 



la ONE DOLLAR A NUMBER 



THREE DOLLARS A YEAR 

y 



THE 

GEORGIA HISTORICAL 

QUARTERLY 



H 



[Vol. II 



MARCH, 1918 



No. 1 



LIBERTY COUNTY, GEORGIA 

An Address Delivered at Hinesville, July 4, 1876 

By JOHN B. MALLARD 

When the sun went down on the night of the i8th of April, 
1775, England and her American Colonies^ exasperated as 
they were, might still, by a generous regard on the part of the 
former to the rights of the latter, have remained together in 
the bonds of union. 

When the stars vanished on the morning of the 19th. 
bands of iron could not have held them together. The pale 
moon, as she rose on the night of the i8th, witnessed the em- 
barcation of a detachment of the army of General Gage. 
The first beams of the rising sun of the 19th fell upon a spot 
of ground, red with the blood of murdered heroes. 

Distress and sorrow had gathered over the inhabitants of a 
peaceful town. On her green sward lay, in death, her old 
men, and her young men, crying to God for vengeance from 
the ground. 

No independence had been proclaimed ; no war had been 
declared; but duty and self preservation exist from eternity, 
and have been recognized, in all their binding force, from the 
morning of creation. The humble yeomanry of Lexington 
acted in defense of their rights, and the God of Justice and of 
battles was with them. No telegraphic wires were then in 
•operation ; but on swift relay of horses tidings that blood had 



2 THE GEORGIA HISTORICAL QUARTERLY. 

been shed were transmitted from town to town — from province! 
to province — over hills and lakes and bays and rivers — through! 
New York, New Jersey, Pennsylvania, Maryland, Delawarei 
and Virginia and Southward it sped, through pines and pal- 
mettoes and moss-covered oaks, till it resounded amongst the 
swamps of Midway and along the banks of the Altamaha. 
With one impulse the colonies sprang to arms — with one spirit 
they pledged themselves to defend the common cause. And 
one hundred years ago this day thirteen colonies, declaring 
that the King of Great Britain had erected a multitude of 
officers amongst them; that he had sent thither swarms of 
officers to harass the people and eat out their substance; that 
he affected to render the military independent of, and superior 
CO, the civil power; that he combined with others, for sus- 
pending the legislatures and declared themselves invested with 
power to legislate in their stead ; solemnly seceded from the 
crown of England, and declared themselves an independent 
nation. 

"Our fathers signed the bold decree 
That said our native land is free, 
Then thousands echoed back the strain 
From hill and valley, moor and plain. 
Then up our Country's banner rose. 
In proud defiance of her foes. 
Then gathered there that gallant band 
To guard with love their fatherland, 
Then came the young, the aged, all 
For it to stand, for it to fall, 
And this the watchword of the free, 
Our God^ our home, our Liberty." 

In that terrible struggle that ensued between numbers and 
fewness, wealth and poverty, might and right, I need not stop to 
tell you what part those took who lived then where we now live. 
Who has not heard of the noble resolves and patriotic deeds of 
the inhabitants of St. John's Parish ? Who has not heard of 
Lyman Hall, who affixed his name to the Declaration of 
Independence? Who has not heard of Gen. James Screven, 



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THE GEORGIA HISTORICAL QUARTERLY. 3 

lev. Moses Allen and Col. John Baker and Major John Jones, 
jd a host of other fearless spirits who repaired to their 
Duntry's standard, resolved "to do or die," and fell nobly 

Ighting for home and liberty? 

"Beneath the sods their ashes lie — yet 
Seek the spot ; no trace the eye can see ; 
No grave stone ; but they need it not ; 
They left their Country free." 

A short historical sketch of those early settlers of a county 
r^at has given to the world such noble men as these is the 
[theme assigned for my address on this occasion. 

The Colony of Georgia was founded by James Edward 
fPglethorpe in February, 1733; and the first settlement made 
5, was on the right bank of the Savannah river, about 17 miles 
[from its mouth. 

The first scheme of government instituted by the trustees 
for the colony was of the simplest kind, consisting of three 
bailiffs, a recorder, two constables, two tithing-men and eight con- 
servators of the peace. This plan of government having failed, 
the trustees determined to remodel it, and instead of a bailiff's 
magistracy, they established a constitution to be administered 
V by a president and several assistants. Still the colonists labored 
under many grievances, and petitioned for redress. But the 
trustees, wedded to a system that was beautiful in theory, held 
back for a time the helping hand. At length, warned by the 
; impoverished condition of the Province, they revoked several 
;, of their early laws relating to the tenure of lands, and other 
oppressive burdens. William De Brahm, having received the 
appointment of provincial surveyor, was sent into the Province, 
and proceeded immediately to explore its eastern portions, and 
to make surveys and draughts of the indentations of the coast, 
and of the streams and rivers running into the ocean. 

On the surrender of the trustees' charter to the king, the 
government of the colony came under the control of a Board 
of Trades and Plantations. The prospective success of the 



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4 THE GEORGIA HISTORICAL QUARTERLY. 

colony under this change of rulers, and a better knowledge 
of the rich lands of the inland swamps, brought more fully toi 
light by the topographical surveys of the Provincial Surveyor % 
induced numbers from Carolina and other more northern 
colonies and from the old world to remove into the province. 
As early as 1748, grants of land were made to Captain Mark 
Carr, Colonel Heron, Grififith Williams Middleton Evans 
Lieutenant Dow, Charles West and others. Carr's land was 
situated on Midway river. Heron's was on an island near its 
mouth, called at one time Bermuda, then Heron, and now 
Colonel's Island. These tracts of land were near the sea shore 
and on both sides of the Midway river. 

Previous to the issuing of these grants, a company of 
Scotch Highlanders had settled on the b;inks of the Altamaha; 
and called their settlement New Inverness, now Darien. 

For the convenience of these different settlements, as well 
as the town of Savannah, Oglethorpe ordered Augustine and 
Tolme, two engineers, to survey the country from Savannah to 
New Inverness to know where a road might be most con- 
veniently made, and these engineers reported that they had 
found the country passable for horses, and a road could be 
laid out so as to make it but 70 miles; and a few years after 
this survey John Harn, Charles West and Audley Maxwell 
were appointed to open a road from the south side of Ogeechee 
river to the head of Midway whence, it was said, it would be 
easy to make a road to the Altamaha. Of these three road 
commissioners, Audley Maxwell was a conservator of the 
peace, and had settled a place on Midway river called Limerick. 

When subsequently the Province was organized into twelve 
districts, and a Colonial Assembly was called, consisting of 
sixteen members, proportioned according to the population of 
the different districts, the territory extending from Mount 
Hope on the north to Bulltown Swamp on the south, was called 
Midway District, and was represented by Audley Maxwell in 
the Colonial Assembly. This District was called Midway from 
its supposed equal distance from the rivers Ogeechee and 



It.' I 

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THE GEORGIA HISTORICAL QUARTERLY. 5 

'Altamaha. The excellent character of the lands of this Dis- 

I trict attracted the attention of a company of persons who had 

I emigrated from Dorchester, New England, and had settled on 

the northeast bank of Ashley river, about i8 miles from 

Charleston, South Carolina. In 1752 these Dorchester emi- 

■ grants proposed a settlement in Georgia, and sent thither three 

tpersons to view the lands. On the i6th of May of that year 

they arrived at Midway. Passing through Savannah they had 

an interview with the Colonial Surveyor, who informed them 

of the rich lands lying on the Midway and Newport rivers, 

and advised them to settle there ; and having obtained from the 

Council of Georgia a grant of 31,950 acres of land in a body, 

they returned to Carolina and made their report. 

On the 6th of December following Mr. Benjamin Baker 
and family, and Mr. Samuel Bacon and family arrived at 
Midway and began to settle. They landed first at Mr. Max- 
well's and having obtained hatchets they cut their way through 
vast cane brakes to the knoll on which Midway Church now 
stands. Soon after Parmenus Way, William Baker, John 
Elliott, John Winn, Edward Sumner, John Quartermann, and 
others, arrived and began to settle. 

Finding a general disposition in the people to remove, the 
Rev. John Osgood (their minister) went into the new settle- 
ment in March, 1754, and gradually the whole church and 
society collected and settled there, and became, and remained 
for 50 or 60 years, the religious element of the District. Of 
those who had preceded these Carolina emigrants some were 
Presbyterians, some Scotch-Irish, some Huguenots. Not all 
who came from South Carolina were originally from New 
England. Some of the families resident among and around 
them, who had become connected with them in business and 
other relations of life, came with them to Georgia, and be- 
came identified with them in their ideas, customs and manners. 
Isaac Girardeau and Richard Girardeau were Huguenots. Of 
the 42 persons coming into the District from 1752 to 1772 
one was from Charleston, 4 from Pon Pon, and 37 from Dor- 




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6 THE GEORGIA HISTORICAL QUARTERLY. 

Chester and Beech Hill. The names of Baker and Sumner and 
Way are probably of English origin. These settlers associated 
very little at first with those in the District who had preceded 
them. They had all the elements of an independent com- 
munity. They brought their trades with them; some were 
saddlers, some were tailors, some were carpenters, but a ma- 
jority were tillers of the soil. Indigo was made to some ex- 
tent; but the principal object of cultivation was rice. Then 
houses for the most part were builded on knolls nearest the rice 
fields. Their houses were as a general thing one story, parlor 
and chamber, open front piazza, two shed rooms in back piazza, 
one or two small rooms upstairs under the roof, batten windows 
and doors, no sashes, clay chimneys, framed and weather 
boarded, or puncheoned and clayed inside and out. Very little, 
if any, mahogany furniture. No four wheel carriages. Both 
sexes went to church and elsewhere on horseback. Afterwards 
two-wheel stick back chairs were used. If a lady or two ladies 
rode in the chair, a serv^ant man would ride along the side of 
the horse in the shaft, with the check rein in his hand. If a 
gentleman rode with the lady in the chair the servant man 
would ride on horseback before, or follow, according to 
fancy. The first four-wheel vehicle for family use that was 
ever seen at Midway Church was, it is said, owned by Joseph 
Quarterman, father of Col. Joseph Quarterman, and was 
painted sky blue. 

The District resembled in its physical features and in its 
climatic and miasmatic characters the country they had left in 
Carolina — low swamps, and abounding in ponds. Bilious 
fevers prevailed in summer and pleurisies in winter. For a 
period of twenty years succeeding the first settlement there 
were 193 births and 134 deaths. W'hen compared with the 
number in the church and society, this shows a mortality very 
large. The greater number of deaths occurred in September, 
October and November. April, May, June, July and August 
were the healthiest months, and June healthiest of all. 

The character and numbers of these Midway settlers will 
appear from the following letter written from Savannah, 



1 



THE GEORGIA HISTORICAL QUARTERLY. 7 

August 7th, 1752, by the Hon. James Habersham, Secretary of 
^, the Colony of Georgia under Gov. Reynolds, to the Hon Ben- 
jamin Martyn, Agent for the Province: 

"Sir, in the President and Assistants' letter to you of the 
28th ultimo, they mentioned that five persons, deputed by 43 
families — part of a congregation of protestant dissenters, with 
their minister in the neighboring Province, had applied for 
lands to settle here, which was granted; and that it was ex- 
pected, on their determining to remove, that several more of 
their brethren would want to join them. Accordingly 28 
persons, by their deputies, petitioned the Board yesterday 
(August 6th, 1752) for lands, and received a satisfactory 
answer. These 28, with their families, consist of jy whites 
and 158 blacks, which, with the former 43 families, make 280 
whites, men, women and children and 536 blacks. Part of the 
first petitioners have gone to have their lands laid out and 
make the necessary preparations for the rest to follow. These 
people, with their minister, are not unknown to many in this 
colony ; and we have had an extraordinary character of them 
from all quarters, which I believe they will justly deserve. 
They will all be settled as contiguous as possible for the con- 
veniency of meeting together in public worship, which they say 
is a principal object of their removing; for where they form- 
erly resided, many of them were very much pinched for land, 
and some rented what they occupied, which was very dis- 
couraging, and would have obliged them to separate. To pre- 
vent this, those who were well accommodated in respect to 
land proposed to dispose of them and remove with those who 
wanted. 

"They w-ill be settled on the heads of Midway and New- 
port rivers, about 30 or 40 miles from this town, which will 
greatly strengthen together these parts. I really look upon 
these people moving here to be one of the most providential 
circumstances that could befall the colony. They are all inured 
to the climate ; know how to begin new settlements to the best 



THE GEORGIA HISTORICAL QUARTERLY. 



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advantage ; and will be an immediate benefit to the Province '■ 
by increasing her products, without one farthing's expense to 
the public." 

The church and the school house are the glory of any 
people. Wherever the true lover of humanity goes, he carries 
with him the Bible in one hand and the spelling book in the 
other. 

Though pressed by cares, incidental to the forming of a 
new settlement, surveys to make, lands to open, houses to build, 
the pious emigrants from Carolina found time to sing the songs 
of Zion in a strange land. Morning and evening their orisons 
arose like incense to the God of Heaven. The first building 
erected in Liberty County, for religious worship, was in 1756, 
on the north side of the north branch of Newport Swamp, and 
the first sermon preached in it was on the 2nd of January of 
the following year. This building was 44 by 36 feet, with a 
gallery 18 feet in story, pitched roof, hipped at one end, and a 
small steeple at the other. This house was destroyed by fire 
in 1778 by a body of armed men under the command of 
Colonel Prevost in the British service. At the close of the 
Revolutionary War, a coarse building was put up, near the 
site of the first meeting house, 40 by 30 feet, with "posts in 
the ground and the sides filled up with poles." This gave place 
to another erected on the same spot in 1792, 60 by 40 feet, with 
a large and commodious gallery. 

This church was of the Congregational order, and its mem- 
bers were moderate Calvinists, and receivers of the West- 
minster Confession of Faith. 

Six or seven years after the Midway settlement was 
begun, Mark Carr, who owned a high sandy and dry tract of 
land on Midway river, laid off the same into a town, dividing 
it into streets, lanes and commons. This tract he deeded in 
trust to James Maxwell, Kenneth Baillie, John Elliott and 
John Stevens. The town was called Sunbury. It soon rose 
in commercial importance. 



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THE GEORGIA HISTORICAL QUARTERLY. 9 

A number of the Midway and Newport planters made it 
their residence during the Summer and Autumnal months. 
Immigrants came to it from different quarters, particularly 
from the island of Bermuda. Large quantities of lumber were 
shipped from it and from Colonel's Island to the West Indies 
and other foreign ports ; and it was, at one time, contemplated 
to unite Midway and Newport rivers by means of a canal 
passing between Colonel's Island and the main land, for the 
purpose of flatting rice from the Newport plantations to Sun- 
bury. For a number of years it was the mart for trade. The 
old Sunbury road, cut into the interior of Georgia, and over 
which large quantities of produce were carried to its wharves, 
is still in existence, an evidence of what Sunbury once was. 
Governor Wright, in a letter to Lord Halifax, dated 1763 
uses these words in reference to Sunbury : "I judged it neces- 
sary for his Majesty's service that Sunbury, a well settled 
place having an exceedingly good harbor and inlet from the 
sea, should be made a port of entry ; and have appointed 
Thomas Carr collector and John Martin naval officer for the 
same. There are 80 dwelling houses in the place. There are 
considerable merchant stores for supplying the town and the 
planters in the neighborhood with all kind of necessary goods ; 
and around it, for about 15 miles, is one of the best settled 
parts of the country." 

About 1763 or 1765 a branch of Midway Church was 
organized in Sunbury and Rev. James Edmunds was engaged 
to supply its pulpit, and Captain Peacock was chosen deacon. 
The pulpit of this church was subsequently filled by the Rev. 
Mr. Hitchcock and the Rev. William McWhir. Subsequently 
another church was gathered in Sunbury, and another building 
erected, under the auspices of the Baptist denomination. 

In 1802 Rev. C. O. Screven, who was born at Screven Hill, 
St. John's Parish, in 1773, and was graduated at Brown 
University, was settled over this church ; and, after a useful 
life and successful ministry, died in the city of New York, 
in the year 1830, and was succeeded in his pastoral charge by 
the Rev. Samuel Spry Law. 

V 



10 



THE GEORGIA HISTORICAL QUARTERLY. 



In 1818 a second Baptist Church was constituted not far 
from Riceboro, and the Rev. Thomas Sumner Winn was in- 
stalled its first pastor. Mr. Winn's connection with this church 
was of short duration. Little did his friends, who loved him 
so tenderly, and who were so tenderly beloved by him, little 
did they think, when they settled him as pastor, how soon they 
would be called to feel the pang of separation; how little did 
those who had listened to him with so much profit, imagine 
how soon they would lose the benefit of his instruction and his 
example. But such was the appointment of Heaven. He was 
destined to run a short race, he soon reached the goal, but the 
church lost a faithful, zealous, persevering and devoted 
minister. 



1 I 



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Mr. Winn was succeeded in the pastoral charge by the 
following ministers, in the order in which they stand: Rev. 
Henry J. Ripley, D. D., Rev. S. S. Law, and Rev Josiah Law, 
Rev. Augustus Bacon, Rev. Thomas Curtis, Rev. Mr. Stevens, 
and Rev. Josiah S. Law. 

In the meantime the swamps of Newport river had been 
explored. Settlements farther west began to increase in 
number, and it was found inconvenient to transport to Sun- 
bur}' so bulky and heavy an article as rice. Newport river being 
found navigable for sloops, it was determined to bridge it 
near its source, to prepare a landing, and ship directly to 
Savannah. Hence arose what was called the "Bridge War" — 
Sunbury against the Bridge, and the Bridge against Sunbury. 
Hostile feelings were excited, angry words were spoken, paper 
bullets were shot, but westward "the march of empire took its 
way." Rice would be carried to the Bridge, and the Bridge 
became Riceboro. 

Riceboro was settled about the commencement of, or a 
little before, the Revolutionary War. It did not, however, rise 
into any importance till after the war. For a number of years 
it was the mart of trade for the county — was the place for 
balls and military parades. 



THE GEORGIA HISTORICAL QUARTERLY. 



11 



By an Act of the Legislature, passed in 1784, all county 
elections and courts were to be held at Sunbury; but in 1796 
an Act was passed, authorizing the Justices of the Inferior 
Court to call a meeting of the inhabitants of the county to 
express, by ballot, their choice of a place for a permanent 
court ground, and it was decided, by a large majority, that 
North Newport Bridge was the most eligible place, and, in the 
following year, Riceboro became the capital of the county, and 
Thomas Stevens, Daniel Stewart, Peter Winn, Joel Walker, 
and Henry Wood were made commissioners to superintend 
the erection there of a court house and jail. The ground on 
which the court house and jail stood was donated by Matthew 
McAllister. For a space of 39 years Riceboro continued to be 
the county site ; but in the year 1836, the court house and jail 
were removed to Zouck's Old Field. 

The settlers at Midway were not unmindful of the educa- 
tion of their children. Among the first native Georgians who 
were graduated at an American college, was the son of John 
Elliott who came into the colony as early as 1754. The father 
was a delegate to the Legislature of Georgia under the admini- 
stration of Governor Reynolds. The son filled with distinc- 
tion the office of United States Senator. These Carolina im- 
migrants to Georgia were among the first in the Province to 
patronize collegiate institutions. May their sons be the last to 
withhold from them the fostering hand. In proportion to its 
wealth and the number of its inhabitants, it may with truth- 
fulness be said that no county in the State has contributed 
more Hberally to the cause of education than the county of 
Liberty. It has given two governors to the State; two judges 
to the Eastern Judiciary Circuit ; an able professor to a theo- 
logical seminary ; to the Presbyterian and Baptist and Method- 
ist denominations many of their ablest and most useful min- 
isters. Six of her sons have been elected to chairs of profes- 
sorship in three of the colleges of Georgia. One has filled the 
office of United States Senator, and one as foreign minister 
to the Court of China. 



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THE GEORGIA HISTORICAL QUARTERLY. 



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There are no records from which we may learn, with any 
degree of certainty, the character and location of the schools 
that existed previous to the Revolutionary War. The writ- 
ings of Benjamin Andrew, Benjamin Baker, Rev. John Osgood 
and a few others, that we have examined, in the forms of 
diaries and letters, show that they were men of deep thought 
religious sentiment, and solemnly earnest in all they did or 
said. They expressed themselves clearly and intelligently. 
Their hand-writing was open, bold and easily read. They show 
an acquaintance with the writings of the best authors of their 
day ; and there is every evidence that these men were not 
ignorant of the rules of grammar, nor the principles of logic. 

Such men would undoubtedly throw their influence in favor 
of schools and education ; and the probability is that the schools 
in the settlement would compare favorably with the schools 
in any part of the Province. School houses were erected in 
different parts of the District, for neighborhood accommoda- 
tion. One at William Girardeau's plantation on the Sunbury 
road, about one mile southwest from Midway Church. A 
school was kept by a Mr. McLain, near the junction of the 
Riceboro and the old Sunbury roads. A Mr. Ward kept a 
school at Midway Church, and was succeeded by Mr. Nathaniel 
Baker about the year 1796. There was a school house about 
two miles from Riceboro on the Darien road; also on Jour- 
dine's Hill, kept by Mr. Elijah Baker, about the year 1795. 

But perhaps the largest and most important school in the 
District was the one that was incorporated in 1788, and was 
located at Sunbury and taught by the Rev Mr. Hitchcock. The 
commissioners, as named in the act of incorporation, were 
Abiel Holmes, James Dunwody, John Elliott, Gideon Dowse 
and Peter Winn. That this school was a school of high grade 
would appear from the following program of the grades of 
study and rates of tuition, as published in the Georgia Gazette: 

Reading, writing and arithmetic 4 lbs. 13 shillings 

Latin and Greek 5 lbs. 10 sterling 



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THE GEORGIA HISTORICAL QUARTERLY. 



13 



In 1789 the students of the Academy gave a pubHc exhibi- 
tion. The introductory prayer was offered by the Rev. Abiel 
Holmes, after which an ode, composed for the occasion, was 
sung and a number of dialogues performed. The pupils were 
examined in spelling, English grammar, geography and in the 
Latin language. The Judge of the Court, the Assistant Justices, 
the Commissioners of the Academy, several gentlemen of the 
bar, together with a numerous collection of ladies and gentlemen 
from the town and country composed the auditory. In 1793 
Mr. Hitchcock was succeeded by Rev. William McWhir, who 
was born in Ireland in 1759, and received his collegiate educa- 
tion in Belfast, and such was the reputation of his school in 
Sunbury that students came to it from almost all parts of the 
State. 

About the time of the removal of the court house to Rice- 
boro, the citizens in that neighborhood came together and 
appointed Jas. Powell, Benjamin Law, Henry Wood, John 
Stacy, John Warren, Simon Fraser, James Cochrane, Thomas 
Bradwell, and the Rev. Mr. Cloud, a committee to co-operate 
with Rev. Cyrus Gildersleeve, Peter Winn, Daniel Stewart and 
Thomas Stevens, the legally appointed commissioners of a 
second academy to be established in the county, in devising 
some suitable plan for the promotion of education; the result 
of which proceeding was the establishing of an academy one 
mile north of Riceboro called the Newport Academy. 

The Midway and Newport people builded their houses 
near the swamps. In consequence of this, and the want of 
knowledge of the diseases of the climate, and of the pre- 
ventives and remedies to be used, sickness prevailed, and num- 
bers were cut down before they had reached the meridian of 
life. To escape the fevers of Autumn, recourse was had to a 
removal from the plantations during the sickly season. This 
gave rise to Summer retreats. 

A number of families removed to Sunbury and Colonel's 
Island, where, between the pleasures of social intercourse and 
the sport of angling, they found a pleasant retreat during the 




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THE GEORGIA HISTORICAL QUARTERLY. 



scorching days of August, and the sickening suns of September.! 
Whilst some families sought the seashore as a residence for^ 
the summer months, others removed to the banks of the Can- 
ouchee, where the excitements of the chase, the winding of the i 
horn, and the full cry of the pack, excited the young and re- 
kindled the ardor of the old. But the distance of Canouchee 
from the plantations made it inconvenient to the planters to 
reside there ; and on the old Sunbury road a gravelly spot was 
selected as a more convenient retreat from the miasma of the 
swamps. Here Fleming and Winn and Osgood and others 
made their summer homes. Here a church was erected, a 
school was built up, and in process of time it received the name 
of Flemington, in honor of one of its first and most active 
settlers. About, or perhaps a little prior to, the time of the 
settlement at Flemington, the rich lands of what is now known 
as the "Desert" began more particularly to attract the atten- 
tion of planters, and its dense forests of trees to give place 
to fields of grain. The sandhills adjoining the head streams of 
North Newport river offered a convenient retreat to those who 
planted the swamps of that river. Here Walthour and Bacon, 
Stewart and Anderson, Hines and Mallard, Lewis and Way, 
Quarterman and Mell, and others, passed some of them the 
whole and some a part of the year. Here also a church was 
builded and an academy incorporated. In the lapse of time, the 
name Sandhills was merged into that of Walthourville, in honor 
of Andrew Walthour, who donated to the community a lot of 
land for educational purposes. 

The planters on the head waters of South Newport river 
sought health and pleasure in the adjoining pine lands, and 
named their retreat Jonesville, in memory of Samuel Jones, its 
first settler, who died at an advanced age, having filled the 
ofifice of deacon in Midway Church for a number of years. 

On the removal of the court house from Riceboro to 
Zouck's Old Field, Charlton Hines, Enoch Daniels and W. 
E. W. Quarterman were appointed commissioners to super- 
intend the building of the court house and jail. Here they laid 

y 



THE GEORGIA HISTORICAL QUARTERLY. 



15 



out a town and called it Hinesville in honor of Charlton Hines, 
who, for a number of years, represented the county in the 
General Assembly, and whose business activities, unwearied 
energy and unstinted hospitality were known of all men, and 
are not yet forgotten. Here Hines and Bacon and Baker and 
Bradwell and Fraser and others made their homes, and here 
a church was builded and a school established. The sea coast 
of the county, from some unknown cause, failing to sustain its 
character for healthfulness, and the retreats in the pine lands 
being at too great a distance from the plantations of the plant- 
ers in the lower parts of the settlements, they selected a site 
for a retreat a few miles west of Sunbury, and named it 
Dorchester, where Baker and Busby and Delegal and Winn and 
Allen and Capt. Mallard and Dr. R. B. King and others re- 
moved, and where a church and an academy were soon estab- 
lished. 

These retreats, together with the development of the fer- 
I'tility of soil, and healthfulness of climate in the upper parts of 
the county, and the progressive course of those who had set- 
tled along the banks of Taylor's and Jones' creeks, gave an 
impetus to the cause of education, and the noble praiseworthy 
rivalry among the different teachers soon placed the schools 
of the county among the first in the State. 

The educational efforts of the citizens of the county were not 
confined to those of their own color. At the time Dorchester 
settlement was made on Ashley river, slavery existed in Caro- 
lina, and if the immigrants were not slaveholders before they 
left IMassachusetts the}' became so shortly afterwards. 

In erecting the meeting house at the "cross path" care was 
taken by settlers to provide for the colored persons. The 
house was provided with galleries in which the negroes sat 
and enjoyed the same religious instructions that were im- 
parted to the whites. 

During the ministry of the Rev. Abiel Holmes, Mingo, a 
man of color, commenced preaching to the colored people, with 
the approbation of the church and society. A place was fitted 






l\ I' 






16 



THE GEORGIA HISTORICAL QljARTERLY. 



Up for him near the meeting house, called the "Stand," ahd t5 
platform was raised from which he preached on Sundays, bfr; 
tween the morning and afternoon service. He held religious 
meetings also at a number of the plantations, and was beloved 
and highly esteemed. With Mingo was associated Jack Saltus 
who was bought by Alidway Church, in consideration of his 
piety and services. Jack Saltus was succeeded by Sharper 
Quarterman (a servant of old Aunt Sally Quarterman), a man 
of remarkable piety and energy of character. He not only 
preached at the "Stand" near the church, as his predecessors 
had done, but he labored with apostolic zeal, more abundantly 
than them all, at the different plantations. He died in 1833, 
full of years, universally lamented. His funeral was held oii 
the green in front of Midway Church, by the light of the mooii- 
Hundreds were in attendance. The coffin was opened; thi 
moon shone upon Sharper's face ; the people gazed upon it, and 
lifted up their voices and wept. 

During the ministerial services of Rev. Robert Quarter- 
man, in connection with Midway Church, the duty and thd 
best means of adopting some general and systematic plan for 
instructing the colored people became subjects of conversation 
with the ministers and members of the different churches. To 
carry out these views a public meeting was held at Riceboro; 
and under the auspices of the Rev. C. C. Jones an association 
was formed, called "An Association for the Religious Instruc- 
tion of the Negroes." In connection with this association, 
Rev. (afterwards Doctor) C. C. Jones accepted a commission 
to preach to the colored people ; and the wonderful success of 
hjs gratuitous labors in this missionary field is known of all 
men. 

The charred timbers and piles of rubbish had scarcely been 
removed from their old homes, made desolate during the 
Revolutionary War, when the inhabitants of the county were 
called on to build forts and take defensive measures against 
the hostile invasions of the neighboring Indians. As a measure 
to oppose these predatory incursions a public meeting was 



THE GEORGIA HISTORICAL QUARTERLY. 



It 



Jed in 1788, at which it was resolved to raise a company of 
it horse for the defense of the county, to consist of a captain, 
lieutenants, 2 sergeants and 40 privates. Michael Rudolph 

l^s chosen Captain. John Whitehead, ist Lieutenant, and John 

TCroftj 2nd Lieutenant. 

I Whether this organization of Capt. Rudolph's company is 
Khe origin of the Liberty Independence Troop, the records of 
is corps do not show. They do, however, show that the 
^mpany was in complete organization in 1794, under the com- 
jand of Capt. Simon Fraser; and that Capt. Fraser was 
ISFsucceeded successively by Captains J. B. Girardeau, Sam'l S. 
Law, Joseph Jones, William Maxwell, William Baker, Joseph 
Law, P. W. Fleming, David Anderson, E. H. Bacon, Cyrus 
Mallard, Abiel Winn, W. L. Walthour and W. A. Fleming, its 
present commanding officer. 

In battling with the savage foe, Liberty was not unaided. 
"If Liberty fall Chatham becomes the frontier exposed to all 
the horrors of an Indian war." Thus reasoned Col. Hammond, 
as he appealed for volunteers to the Chatham Regiment. "My 
corps will march at a moment's warning," responded the brave 
commander of the Chatham Artillery; and before night-fall 
36 men, under the command of Lieut. Robertson, with guns 
on carriages, were on their way to Fort Saunders in Liberty 
County. The second night after leaving Savannah they en- 
camped at Midway Church, and slept in the meeting house. 
"The next day," says Mr. Charles Spalding — the youngest 
member of the corps — "we reached the fort, about 4 o'clock 
in the afternoon. One half of our force scoured the country 
every day. Our morning and evening guns echoed through the 
woods. For my own part I never was happier. I was edu- 
cated in Liberty County. My friends loaded me with kindness. 
Mr. Cooper sent me brandy and sugar, Capt ^^'hitehead sent 
me mutton and other things. In our mess we have Isaac 
Lagardau, the best singer and the best cook in camp." 

About the year 1844 a few public spirited men, in the upper 
parts of the county, agitated the subject of organizing another 



18 



THE GEORGIA HISTORICAL QUARTERLY. 



company of horse ; and their efforts were nobly responded to. 
A company called the Liberty Guards was speedily formed 
and properly officered. Enoch Daniels was elected its first 
Captain. This company is now under the command of Capt. 
William Hughes. 

A third company of horse was organized at the commence- 
ment of the late war, under the command of W. G. Thompson, 
as captain, B. S. Screven and J. E. Way, as lieutenants, and 
John E. Baker, sergeant. 

In the year i86l a company of Infantry was organized 
under the command of W. S. Norman, as captain, S. D. Brad- 
well, W. J. Winn and W. H. Butler, lieutenants, and was 
called the Liberty Volunteers. 

The Altamaha Scouts was organized in 1861, and its first 
officers were George T. Dunham, captain ; A. J. Hughes, James 
M. Smith and J. M. Johnson lieutenants. These three com- 
panies of horse and two companies of infantry responded 
promptly to the call of the Confederate States, and, with 
swords unsheathed, and banners flying, hastened to support 
their cause on the field of battle. Some fell in the bloody con- 
flict, some were made prisoners of war, and few returned to 
their homes unmaimed or unscarred. 

On the 6th of December, 1852, the one hundredth anni- 
versary of the Midway and Newport settlement was celebrated 
at Midway Church, with becoming festivities. On Sunday, 
the 5th, a sermon appropriate to the occasion was preached 
by the Rev. I. S. K. Axson, D. D. On Monday following, at 
early dawn, the morning gun was heard. A brass band, pro- 
vided for the occasion, gave charm to the Star Spangled 
Banner, as it floated from a liberty-pole erected on the green. 
At 7 o'clock one hundred guns were fired. At 9, hundreds 
of people began to assemble. At 1 1 the procession was formed, 
the Rev. Clergy on the right ; the Chatham Artillery, who had 
generously volunteered their services for the occasion, next; 
and the citizens on the left. Under the command of Capt. 



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THE GEORGIA HISTORICAL QUARTERLY. 



19 



p. W. Fleming, chief marshal of the day, the procession moved 
I' to the church, where, after prayer had been offered by the Rev. 
T. S. Winn, an address on the history of "The Settlement of 
Midway and Newport," was delivered by Prof. John B, 
15 Mallard. 



^' 



After the address and the ceremonies of laying the corner- 
stone of a mounment to be erected to commemorate the settle- 
■"^ ment in 1752, the citizens and invited guests repaired to tables 
loaded with all that was tempting to the taste. 

On Tuesday, the 7th, the morning gun was again fired, the 
national banner again thrown to the breeze; throngs again 
hastened to the church ; a procession was again formed ; an able 
and eloquent oration was pronounced by the Hon. William 
Law; and the festivities of the previous day were renewed. 
Sentiments were expressed in the giving of toasts, and spirited 
addresses were made by Law, Dunham, Screven, Way, Stevens 
and others ; and throughout the various ceremonies of the 
occasion there was but one expression of feeling — that of the 
highest enjoyment and satisfaction. 

The upper parts of the county no doubt afford materials 
for instructive and interesting history; but the efforts of your 
speaker, made before the war, and particularly within the past 
few months, to obtain information as to the names and con- 
dition of the first settlers on Taylor's and Jones' creek, and in 
the 1 132 and 24th Districts, and the dates of these settlements 
having in a great measure failed, he regrets that he has not 
come in possession of materials out of which to weave a his- 
toric narrative. Enough, however, is known of these portions 
of our county to warrant the assertion that they have in- 
creased largely in population, wealth, religious and school 
privileges, and that the marks of improvement, enterprise and 
thrift are visible on every hand. 

There are, in the county, 17 regularly organized churches : 
5 Presbyterian, 5 Baptist, 6 Methodist and i Congregational. 
Of the five Presbyterian churches, two are composed of colored 



\ 




80 



THE GEORGIA HISTORICAL QUARTERLY. 



rnembers under the care of Rev. J. T. H. Waite and Rev 
Joseph Williams, and are in ecclesiastical connection with the 
Presbyterian Church North. The other three, Walthourville, 
Flernington and Dorchester, are under the pastoral charge of 
the Rev. J. W. Montgomery. 

Of the 5 Baptist churches. North Newport, Jones' Creek 
and Enon are under the ministerial care of the Rev. D. G. 
Daniels. Taylor's Creek and Elim are in charge of Rev. 
John G. Norris. 

Jones' Creek was constituted in 1810, by Rev. Mr. West- 
berry, its first pastor, and has a membership of 145. 

Rev. John M. Marshall is preacher in charge of the fol- 
lowing Methodist Episcopal Churches : Hinesville, Taylor's 
Creek, Wesley Chapel, Olivet and Trinity. Of these churches 
Taylor's Creek is the oldest, having been organized about the 
year 1800, on which occasion, Mr. James Darsey, now living 
and 99 years of age, was present, and of which church he was 
a class leader for a number of years ; and when the camp 
ground was laid off, he cut the first pole that was used in the 
erection of tents. 

The Congregational Church in the county is composed of 
colored persons and is in charge of the Rev. Floyd Snelson. 

Of the 45 or 50 ministers of the Gospel, natives of the 
county, some of whom have spent, and others are now spend- 
ing, the vigor and strength of their lives in the dispensation of 
religious truths, there have labored in foreign lands : Edward 
W. Stevens, 40 years in Burmah, and John W. Quarterman 
and Richard Q. Way in the Celestial Empire. 

Private High Schools in 1875 
Name Location No. Pupils 

Bradwell Institute* Hinesville _ 60 

Walthourville Walthourville 48 

Jones' Creek Jones' Creek 25 

Taylor's Creek Taylor's Creek 59 

Tranquil Institute Flemington 21 

•Authorized to confer diplomas. 



I'? ! 



THE GEORGIA HISTORICAL QUARTERLY. ?1 

Number of Public Schools 

For Whites 20 

For Colored 17 

Total 37 

u. Scholars Admitted 

Whites 431 

Colored . . 1,032 

Total . IJ463 

Average Attendance 1,200 

The County officers at the present time are John L. Harden, 

1; Judge, and T. N. Winn, Solicitor, of the County Court ; John 

ig. Mallard, Ordinary; Henry Way, Clerk Superior Court; 

ij, M. Darsey, Sheriff; Seaborn Jones, Tax Receiver; Jesse 
Brewer, Tax Collector, and William Hughes, County Surr- 

;'veyor; Wm. Darsey, H. C. Parker, John B. Mallard, Jas. M. 
Smiley and John R. Middleton, Board of Education ; John B. 
Mallard, School Commissioner; N. Brown, I. M. Smith and 

., G. Amason, County Commissioners. 

From the foregoing brief history of the first settlers of 
our county, we may infer that our ancestors were emphatically 
^ religious people ; that they were friends and supporters of the 
cause of education and benevolence; that they were keenly 
alive to whatever appeared oppressive on the part of rulers ; 
that they were always ready to respond to their country's call. 
May their descendants follow the example, and illustrate the 
noble qualities of their noble sires. They breathed the air 
we now breathe; they drank of the springs from which we 
now drink ; they cultivated the lands we now plant ; they 
passed through trials as great as those through which we have 
recently passed ; they met with losses as heavy as those we 
have recently suffered ; yet they turned not their backs on the 
land of their birth, nor sought homes far away from the scenes 
of their childhood. 

Let us, then, fellow citizens, rise from the "slough of dis- 
pond," take our harps from the willows, and play a livlier 
strain ; and, mid snow and ice, let us bear aloft a banner, with 
this as our device Resurgemus, and time will show that there 
is "life in the old land yet!" 






22 THE GEORGIA HISTORICAL QUARTERLY. 

SIR JAMES WRIGHT 

Governor of Georgia by Royal Commission, 
1760-1782 

By WiLLIAM HARDEN 

Before the surrender of the charter, the only Governor of 
Georgia acting under the Trustees was General James Ogle- 
thorpe ; but for a period of nearly eight years, from July, 1743^ 
to April, 1 75 1, William Stephens, President of the Council, 
acted as Governor in the absence of Oglethorpe. The latter 
left the Colony in 1743, and never returned, but held the 
office until June 9, 1752, at which time he, with the other 
Trustees, turned the affairs over to Henry Parker, who, as 
President of Council and therefore acting Governor, held the 
reins of government from the time Stephens retired until 
October i, 1754. 

The Trustees resigned June 9, 1752, and then Georgia 
became a royal province with Parker in office, without com- 
mission, until John Reynolds, the first appointee under the 
crown, accepted the office October i, 1754, and served until 
February 15, 1757, when he was succeeded by Henry Ellis. 
Ellis served three years and eight months, and delivered up 
the office to Sir James Wright, October 31, 1760, as Lieutenant 
Governor, by commission dated May 13. 

If length of service be the only proof of satisfaction with the 
management of affairs by the appointee, then the subject of this 
sketch, by reason of his holding the office of Lieut. Governor 
for two years and Captain-General and Governor in Chief of the 
Province of Georgia for twenty years, thoroughly evinced his 
acceptability, first to King George H and afterwards to George 
HL His commission for this office was dated March 20, 1767. 
But Sir James Wright was no ordinary man, and his retention 
was based upon grounds of honor, integrity, worth, and the 



Li 



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THE GEORGIA HISTORICAL QUARTERLY. 



23 



possession of that high degree of executive abiUty which 
j)ecame more manifest as his tenure of office was prolonged. 
He was not all the time in a calm and contented state of mind, 
however, and often the cares and responsibilities of his posi- 
tion weighed heavily upon him, so much so that he repeatedly 
hinted in letters to his superiors that they were more than he 
had the patience to bear or judgment to surmount. Some 
times his words conveyed more than a hint, as when he said 
on the lOth of July, 1775, "I begin to think a King's Governor 
has little or no business here," and again, on the i8th of the 
iame month, "I am humbly to request that his Majesty will 
be graciously pleased to give me leave to return to England 
in order to resign the government." But, despite all that, he 
was made to see that his services were estimably rated and 
that he was deemed worthy of the trust confided to his keep- 
ing, and he held on until the cause of the Americans was suc- 
cessful and the thirteen colonies lost to England. 

It will appear from the foregoing remarks that there was 
but one English Governor in Georgia during the whole of the 
Revolutionary period ; but on the side of the opposition there 
were no less than twelve men who, in the same length of time, 
held the office of chief executive, some for a very short term. 
At the outbreak of the troubles William Ewen was made 
President of the Council of Safety, and from June 22, 1775, 
to January 20, 1776, he was recognized as the leader of the 
patriots, the board which he presided over having practically 
all the powers that the opposition was willing to assume. 
Sir James Wright himself reported: "The Council of Safety 
seems to be the Executive Branch in each Colony, subject to 
Provincial Congress." Archibald Bulloch was made Presi- 
dent of the Provincial Congress which met July 4, 1775, re- 
elected at the next Congress, June 20, 1776, and served until 
February 22, 1777, when he was clothed with extraordinary 
powers "to take upon himself the whole executive powers of 
government, calling to his assistance not less than five persons 



y 



24 



THE GEORGIA HISTORICAL QUARTERLY. 



i 






lit: 

w 

1 '•' 
Si 

■ 

I;, i 

ti 



of his own choosing to consult and advise with him on every 1 
urgent occasion when a sufficient number of councilors can 
not be convened to make a board," and he died before the 
end of the month. After him came Button Gwinnett who 
as President of Council and Commander in Chief, held conr 
trol until May 8, 1777, surrendering the trust to John Adam 
Treutlen at that time elected by the legislature. Treutlen's 
tenure was of short duration, lasting just eight months, John 
Houstoun succeeding him by election of the Assembly, Janr 
uary 10, 1778. On the 29th of December, 1778, Executive 
Council elected John Wereat with the title of President, and, 
in less than eleven months, on the 4th of November, 1779, he 
was succeeded by George Walton, who was Governor two 
months, giving way to his successor, Richard Howley, Jan- 
uary 4, 1780. Mr. Rowley's administration lasted one year, 
and Stephen Heard, as President of the Council, was chief 
executive from the end of Mr. Howley's term until August 
16, 1781, retiring on the election of Nathan Brownson. Mr. 
Brownson became Governor in August, 1781, served six 
months, and his successor, John Martin, went into office the 
following January, 1782. Martin's term lasted a full year, 
and he was followed by Lyman Hall, in January, 1783. 
Governor Hall was the last of the Governors opposing the 
British rule, and when his term expired the independence of 
the United States was firmly established. 

To those not acquainted with the ancestry of Sir James 
Wright, the subject is worthy of interest and consideration. 
His great-great-grandfather was Thomas Wright, of Kilver- 
stone, England, whose wife's name we do not know. The 
third son of this gentleman was Jermyn Wright, of Wrang- 
ford in Suffolk, and he married Ann Bachcroft, this couple 
being the great-grandparents of Sir James. Next we have the 
name of Robert, son of Jermyn and Ann, who became Justice 
of the King's Bench, and presided at the trial of the seven 
Bishops in the time of James H. He married Susan, daughter 
of Matthew Wren, Bishop of Ely, and they were the grand- 



THE GEORGIA HISTORICAL QUARTERLY. 



25 



fents of the subject of this sketch. Robert and Susan's 
jgo Robert, of Sedgfield, England, was the father of Sir 
les. His wife, Isabella, was also a Wright, married a Mr. 
Stts, and as his widow married Robert Wright, and she was 
^e mother of Sir James, who was their fourth son, born in 
iRussell Street, Bloomsbury, May 8, 1716. The father and 
jmother moved to South Carolina, of which Province he be- 
I'czint Chief Justice, holding that office at the time of his 
!{le^th. The son, James, probably received his education in 
f^ngland, but on being admitted to the Bar pursued his pro- 
[ifssion in Charleston, afterwards receiving the appointment 
i of agent of South Carolina in Great Britain. The statement 
fmade by a number of writers that Sir James Wright was a 
'native of South Carolina is wrong. Investigation proves that 
^e time and place of his birth as given above are correct. 

We are not acquainted with the circumstances which 
irought about the appointment of the man to so high a posi- 
I {ion as Governor of a King's Province in America, but we do 
know that from the very beginning of his administration until 
it came to an end by the failure of Great Britain to retain her 
hold on her valuable possessions on this side of the Atlantic, 
he, notwithstanding his occasional letters of despondency and 
sometimes of despair, always had the backing and support due 
to one holding the highest esteem and trust of those to whom 
he was responsible for his acts. 

Sir James Wright, after finishing his studies and receiving 
his license, began to practice his profession in Charleston, S. C. 
In 1740 he married Sarah, only daughter of Captain Maidman 
pf the British Army, and on a voyage back to England, in 
1763, she was drowned. 

The first act of importance accomplished by the new 
Governor — and it was one of very great consequence — was 
his course in frustrating the attempt of Governor Thomas 
Boone, of South Carolina, to extend his jurisdiction over a 
portion of territory bordering on Florida, south of Georgia. 
Had the plan of Boone succeeded. South Carolina would have 



Hi 



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26 



THE GEORGIA HISTORICAL QUARTERLY. 



acquired an extensive domain beyond her own limits with 
Georgia intervening. The story is too long to relate in this 
place, but the result was all that Governor Wright could de- 
sire. When informed of the intention of Boone to issue 
grants to land south of the Altamaha, Wright made a strong 
protest, addressed to Boone, "against all and any attempt what- 
soever to survey any lands to the southward of the aforesaid 
river Altamaha, by pretence or color of any authority from or 
under the Governor or the Governor and Council of South Caro- 
lina." After much correspondence and diplomatic work, the dif- 
ficulty was removed by the action of King George III who, by 
proclamation, dated October 7th, 1763, annexed to Georgia 
the territory included in the grants, extending the limits 
of the Province southwardly from the Altamaha to the St 
Mary's river. That matter being settled, it became neces- 
sary to make known to the Indians the circumstances of the 
transaction, and to secure their friendship. On the advice 
of the King the Earl of Egmont, provincial Secretary of 
State for the Southern Department, proposed a convention of 
the various tribes, in order to obtain the desired results. 
Governor Wright suggested Augusta as the place of meeting,, 
and the congress was held there on Saturday, November 5, 
1763. The Governors of Georgia, North and South Carolina 
and the Lieutenant-Governor of Virginia, together with Mr. 
John Stuart, Superintendent of Indian Affairs, met at the time 
appointed, and had the satisfaction of finding the large num- 
ber of seven hundred Indians present as an indication of their 
interest in the business which brought them together. Gover- 
nor Wright opened the conference with a talk, and his in- 
fluence upon the Indians resulted in much good to Georgia in 
particular. 

Until the beginning of the troubles, starting with the Stamp 
Act, which forced him to side with the mother country. Sir 
James was most acceptable to the people of Georgia who 
recognized his worth and gave him credit for the ability which 
he so richly possessed. Of him Capt. Hugh McCall wrote: 
"The government had been given to a man who wanted neither 



" 9 'S^ 



THE GEORGIA HISTORICAL QUARTERLY. 



27 



wisdom to discern nor resolution to pursue the most effectual 
means for its improvement * * * He proved a father to the 
people and governed the Province with equity and justice." 
With the passage of the Stamp Act, however, and the con- 
sequent change in the attitude of the colonies towards Great 
Britain, the Governor's conduct was not pleasing to the party 
protesting against his attempts to enforce the measures of 
oppression which he, as a loyal Briton, felt obliged to support. 
So complete was the change in his course of conduct that the 
words used by him in a letter to Secretary Conway, on the 
31st of January, 1766, are a fair sample of his feeling brought 
about by the opposition to that oppression. He said: "It is 
|,i^;; with the utmost concern that I am to acquaint your Excellency 
that the same spirit of sedition, or rather rebellion, which first 
appeared at Boston has reached this Province, and I have for 
three months past been continually reasoning and talking with 
the most dispassionate and sensible people in order to convince 
them of the propriety of an acquiescence and submission to 
the King's authority * * * but, sir, I must at the same time 
declare that I have had the great mortifictaion to see the reins 
of government nearly wrested out of my hands, his Majesty's 
authority insulted, and the civil power obstructed." 

With the repeal of the measure causing the first excite- 
ment in the beginning of the struggle against British injustice, 
affairs in Georgia settled down to comparative quietness, and 
with the exception of some warm discussions with a number 
of the members of the Commons House of Assembly, and other 
persons, there was no matter of sufficient importance to specifi- 
cally mention for a few years following. His conflict with the 
Legislature, involving the suspension of Jonathan Bryan, a 
member of his Council, from his position, ^''right's refusal to 
sanction the choice of Noble W. Jones as Speaker of the 
House, and other matters of a like nature, are so well told in 
the historical works bearing upon that period that no particu- 
lar notice of such matters will be taken here. Sir James, 
taking advantage of the lull in the political field, and feeling 
that he could safely depend upon the loyalty and executive 



1 ■! 



28 



THE GEORGIA HISTORICAL QUARTERLY. 



1 I 



ability of the oldest member of his Council, James Habershafffil 
applied for a leave of absence which was granted, and he lef| 
Georgia on the loth of July, 1771, for England where he re- 
mained until the middle of February, 1773. During his stat 
in England the king complimented him with a baronetcy. 

In the last mentioned year Governor Wright made a full 
and interesting Report on the Condition of the Province of 
Georgia, in the form of "answers to heads of inquiry' in obedi- 
ence to his Majesty's commands, signified by the Earl of 
Dartmouth," received September 14th, 1773. 

With the year 1774 he began a regular correspondence with 
Secretary of State Lord Dartmouth, in which he freely ex- 
pressed his views on the subject of the "proceedings of the 
Liberty people," and giving a woeful account of the trouble 
he had in complying with the policy of his government with 
respect to the measures to keep down the spirit of freedom 
and independence. On the 24th of August he made use of this 
language : "As in the time of the Stamp Act, I am to bfc 
reflected upon and abused for opposing the licentiousness of 
the people" ; and "In short, at such times as these if a man has 
resolution and integrity enough to stand forth and attempt 
to do his duty it's like being set up as a mark to be shot at 
and raising the resentment of great numbers against him. 
However, altho' this is very disagreeable, I shall not regard it" 

With every succeeding letter he shows more clearly his 
disappointment at the opposition to the government headed by 
him, and at times he even deplores the fact that he has to re- 
main and bear the trials to which he was subjected. On the 
17th of June, 1775, he wrote: "It gives me much concern 
* * * that on Thursday the 13th inst. the Liberty folks 
here assembled in the town of Savannah and put up a liberty 
tree and a flag, and in the evening paraded about the town I 
am informed to the number of 300, some say 400. * * * 
The liberty tree and flag were kept up from Tuesday morning 
till now and is still flying in contempt and defiance of the 
Court and all law and government, and which here and else- 



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THE GEORGIA HISTORICAL QUARTERLY. 



29 



where seems now nearly at an end." On the 20th, three days 
later, he informed the Secretary of the way the North Caro- 
lina patriots were acting, in these words : "By the enclosed 
paper your Lordship will see the extraordinary resolves of the 
people in Charlotte Town, Mecklenburg County, and I should 
not be surprised if the same should be done everywhere else." 

On the loth of July of the same year he reported the 
capture by the Liberty Boys of a quantity of gun powder, and 
of the seizing of some of his letters, both private and official, 
and his indignation was so great that he wanted to resign 
at once and go home. This is what he said : "It being im- 
possible, my Lord, for me to submit to these daily insults, I 
must again request his Majesty will be graciously pleased to 
give me leave to return to England. * * * Mr. Habersham 
is gone to Philadelphia for the recovery of his health, and I 
begin to think a King's Governor has little or no business here." 
The next day he reported that six tons of powder had been 
taken from a ship by the "Liberty Folks," and expressed the 
hope that some way to end the troubles might be found, thus : 
■ "Pray God grant a happy and speedy reconciliation !" A week 
later he renewed his desire to resign in these words : "I am 
humbly to request that his Majesty will be graciously pleased 
to give me leave to return to England in order to resign the 
government." Once more he seemingly with sincerity gave 
out the hope that a way to settle the whole question without a 
resort to arms might be found, saying: "Your Lordship will 
be the best judge what is most proper to be done, but I beg 
leave again most heartily to wish that conciliatory measures 
may speedily take place, or total ruin and destruction will 
soon follow, and America lost and gone !" And in a postscript 
he added : "I beg leave to repeat that no correspondence is 
safe. I dare not venture a single letter by the post to Charles 
Town for the packet, but under cover as private letters." 

He had the most hearty contempt for the younger set of 
American patriots, known throughout the provinces as "Lib- 
erty Boys," and whom he called by various names, and his 



30 



THE GEORGIA HISTORICAL QUARTERLY. 



letters are filled with disrespectful allusions to them. It is true 
that they were hot-headed and thoughtless in planning to 
counteract the measures of the Tories and Loyalists, and they 
were not particular in the manner of inflicting punishment 
upon those who were high in office or influential in the com- 
munity. Those youths were thorns in the side of the Governor, 
and were especially severe in the treatment of himself and his 
loyal English followers. He gave a full and dramatic account 
of their dealings with the Rev. Mr. Haddon Smith, rector of 
Christ Church, whom they commanded to cease preaching or 
to preach as they directed, and was consequently so distressed 
that, in the Governor's words, "on the 25th instant (July, 1775) 
he left the town and went over into Carolina ; the reason given 
for this, is because he refused to preach a sermon and observe a 
fast which had been directed by the Continental Congress." 
The parson, four days later, made affidavit, declaring the facts 
in the case, and stating that one of his persecutors, Peter 
Taarling, speaking for a crowd of which he seemed to be the 
leader, used these words to him: "Sir, from your late con- 
duct in disobeying the orders of the Congress, you are deemed 
an enemy to America, and, by order of the Committee, we are 
to inform you that you are to be suffered no longer to officiate 
in this town." It is scarcely believable, at this length of time 
since the recording of those incidents, that among those tur- 
bulent young fellows who got on the nerves of the Royal 
Governor, and who were recognized by the good parson as 
among his unwelcome visitors on that occasion were the honor- 
able George Walton, afterwards a signer of the Declaration of 
Independence and Governor of Georgia, honorable Edward 
Telfair, afterwards a member of the Continental Congress and 
Go\ernor of this State, and Oliver Bowen, afterwards Com- 
modore of whatsoever Georgia had in the way of a navy in 
the War of the Revolution. 

But the loyal Governor had a far more thrilling experience 
with those Liberty Boys later on than he dreamed of having 
when he expressed his contempt for them in the early days of 
which we are writing. He was so overcome with anger at their 



THE GEORGIA HISTORICAL QUARTERLY. 



31 



conduct that he said to Lord Dartmouth, in a letter on the 
jrth of August, 1775 : "It gives me great concern that every 
letter I now write to your Lordship is to give you accounts 
of the very illegal, insolent and dangerous transactions of the 
Liberty People here." He then recorded the fact that they 
had set at liberty a man imprisoned by order of the Chief 
Justice for enlisting men in Georgia for a South Carolina 
regiment of American patriots, and ended the account with 
this passage, showing his indignation: "And on the 5th he 
(the released prisoner) went through the town with a drum, 
beating up for men, and passed close by the Chief Justice's 
door; also came very near my house. Unparalleled insolence, 
my Lord! And this is the situation his Majesty's government 
is reduced to in the Province of Georgia!" His complaints 
against the unheeding of his suggestions for relief culminated 
in a letter of September 23rd, 1775 when his language was 
that of one in the depths of despair. 

At length, the Council of Safety held a meeting on the 
1 2th of January, 1776, and determined to resort to strenuous 
measures in order to quiet the anger of their implacable enemy. 
Their purpose was to arrest the Governor and place him in 
solitary confinement. His home was in St. James Square, 
where the Telfair Academy of Arts and Sciences now stands. 
Major Joseph Habersham, who was probably one of the young 
patriots who had already given the honorable gentleman much 
annoyance, selected a party of which he was the leader, 
volunteered to make the arrest the same evening, and, march- 
ing to his home just at the time when they knew he was 
closeted with his Council in a momentous conference, that inex- 
perienced ofificer walked past the sentinel at the door, entered 
the Council room, placed his hand on the Governor's shoulder, 
and said, "Sir James, you are my prisoner !" The act was so 
sudden, bold and daring that the members of Council, as well 
as any others who might have been present by invitation, or 
on business, waited not to see what next would happen, but 
hastily got out of the house, leaving their surprised leader to 
make the best terms he could with his captors. He was forced 



THE GEORGIA HISTORICAL QUARTERLY. 



it- 
m 



to make a solemn promise to make no attempt at escape, to 
refrain from any endeavor to communicate with the officers 
and troops on the ships at Tybee, and a guard was placed over 
the premises ; but he watched for an opportunity to escape 
notwithstanding his promise, and succeeded in doing so on the 
nth of February. His friends, by way of excuse, for his non- 
observance of the oath of parole, circulated reports that he 
was daily subjected to the insults of the hot-headed patriots, 
and even that he had been shot at. It is probable that some 
shots were fired by careless persons through the windows 
of his house, but it is doubtful whether he was at any time in 
leal danger. He had treated the defenders of American 
liberty and justice with the greatest disrespect and refused to 
show them any consideration whatever, and so he was made^ 
the victim of their just retaliation. His loyalist friend, John 
Mullryne, aided him in his escape, and to his place at Bona- 
venture he made his way, and thence he was taken by a waiting 
boat and crew to the armed ship Scarborough, lying off Tybee. 

He remained on the Scarborough certainly as late as the 
latter part of March, as, on the 27th of that month, he ad- 
dressed a letter while on board of her to Lord George Ger- 
main, of no particular interest in this sketch. He went from 
Georgia to Halifax where he arrived, according to his own 
statement, April 21, 1776. There he did not make a lengthy 
stay, but proceeded to England, and of his life there we know 
little. 

Of the siege and capture of Savannah by the British 
forces under Colonel Archibald Campbell, in December, 1778, 
nothing need be said here. When the result was known in 
England, Sir James Wright was ordered back to Georgia, 
and he reached Savannah July 14, 1779. The condition of 
affairs in the Province at that time was not satisfactory, as by 
his statement in a letter written on the 31st he said, "I did 
not find the Province by any means in that state of security 
which I expected," and on the 9th of August he added, "The 
more I am able to see into the true state of affairs here the more 
I am convinced of the wretched situation the Province is in. 



THE GEORGIA HISTORICAL QUARTERLY. 



33 



»■■ 



We have no more letters from him until the Sth of Novem- 
ber, after the successful defense of Savannah by the British 
garrison against the seige of the combined American troops and 
the French allies. On that day he wrote "an account of the 
affair to Lord George Germain, beginning with this highly 
exciting statement: "Since I had the honor of writing to 
your Lordship last * * * we have met with a very unex- 
pected, alarming, and serious scene, especially in this part of 
the world, for no man could have thought, or believed, that a 
French fleet of 25 sail of the line, with at least 9 frigates and 
a number of other vessels, would have come on the coast of 
Georgia in the month of September, and landed from 4,000 
to 5,000 troops to besiege the town of Savannah." After 
recording the fact that on the 15th (really the i6th) of the 
month named, Count d'Estaing sent a summons to General 
Prevost to surrender the town and Province to the King of 
France, he declared that it had been "the unanimous opinion 
and resolution of the civil and military that the town should be 
defended," and added that he had harbored "strong reasons 
to apprehend and fear the contrary." It is on record that the 
strong reasons were only averted by the final decision, after 
a heated discussion, to take his advice and return a negative 
answer to the Count. While the siege lasted Governor Wright 
and Lieutenant-Governor John Graham took refuge in a tent, 
next to Colonel Maitland, outside of the city limits, on the 
right of the British lines. The Governor made a full report 
to the Secretary of State of the beginning, progress, and result 
of the siege. 

Pleased with the result of the siege and the departure of 
the French from Georgia, Governor Wright determined to let 
the "leaders of rebellion" feel the weight of the heavy hand 
of British rule upon them. As he said himself, he was de- 
termined to "check the spirit of rebelHon," and his treatment of 
all who did not heartily withdraw from their former attitude 
of resistance to the dominant power was truly oppressive 
and tyrannical. He wrote to England letters in striking con- 
trast to those of the period when he felt his inability to sub- 



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34 



THE GEORGIA HISTORICAL QUARTERLY 



due the rising opposition to Great Britain's harsh measures 
which preceded the Declaration of Independence. He had 
the power to retaliate, and he exercised it with severity. 
He strongly objected to the general amnesty offered by Sir 
Henry Clinton who landed in Georgia in February, 1780, 
and had an act passed, July ist, known as the Disqualifying 
Act, naming 151 prominent republicans as enemies to the 
king, and disqualifying them from holding any office of honor, 
trust, or profit in Georgia, "as some kind of punishment to 
delinquents, and check to rebellion, and indeed for the sup- 
port of Government." Such was his manner of conduct so 
long as he saw any evidence of the success of his side in the 
keeping of Georgia from gaining her freedom and inde- 
pendence; but when his side seemed to be losing ground his 
letters showed the same spirit of depression and discourage- 
ment as when he thought, in the beginning of the trouble, that 
"ruin and destruction" were impending and "America lost 
and gone." Relentless in his dealings with those whom he 
considered enemies to his country, he put up a doleful cry 
of despair when things did not go as he wished them to go. 

When the tide began to turn in ■ favor of the Americans, 
and he saw the chance of saving Georgia slipping away, his 
tone became more and more despairing and his spirits more 
dejected. After the battle of Guilford Court House he quickly 
communicated to his government the fact which was so gratify- 
ing to him: "I have the very great pleasure to congratulate 
your Lordship on the signal victory obtained by Earl Com- 
wallis over the rebel army under the command of General 
Greene near Guilford in North Carolina"; but after the De- 
feat of Cornwallis at Yorktown he whined that "We are at 
this moment in the utmost danger and distress, and expect 
every day to have a formidable force against us. * * * 
And thus your Lordship sees the consequences of not pro- 
tecting and holding these two Provinces (South Carolina and 
Georgia). I always dreaded it from the moment Lord Corn- 
wallis went into Virginia, and the cruel lOth article in his 



'M 




THE GEORGIA HISTORICAL QUARTERLY. 



35 



Lordship's capitulation I fear has ruined the King's cause in 
America, and I need not comment on it. God only knows 
I what will become of us." 

As early as the 24th of April, 1781, three weeks after his 
crowing over the Guilford victory, he had "alarming accounts 
from Augusta"; on the ist of May he found "that things are 
by no means in that peaceable and secure state" that was 
desired, because of an attack on Augusta which he feared 
would be disastrous; on the 5th he felt assured that "the 
rebellion is not entirely quelled in South Carolina; far, very 
far, from it, on the contrary * * * the country people in gen- 
eral are in arms * * * and the communication between this 
and Charles Town is entirely cut off"; on the 21st "the officer 
commanding at Galphin's Fort surrendered to the rebels, and 
* * * Brown was in the greatest distress (at Augusta), 
and it is not possible for us to give him relief" ; on the I ith 
of June "It g^ves me the greatest concern to acquaint you of 
the loss of Augusta by Colonel Brown being reduced to the 
necessity of capitulating" ; and on the 14th of the same month 
he wound up a letter with this wail : "In short, my Lord, our 
prospect is wretched, and if we are not relieved in a few 
days * * * a. famine will ensue. The causes of all this 
distress and misery are most evident, but I shall say no more, 
but pray God grant us peace." 

He had no more doleful news to impart until his informa- 
tion of the i8th of December, when he announced the capitula- 
tion of Cornwallis, which has already been quoted. On the 
i8th of January, 1782, he was grieved at the news that Wayne 
and St. Clair had joined General Greene "and are not far 
off," exclaimed "Surely, surely, my Lord, the commanders of 
the King's forces in America ought to have supported these 
Southern Provinces," and ended by requesting leave to return 
to Great Britain "where possibly I might have been more use- 
ful than by being kept here." 

His career as Governor of Georgia was now rapidly clos- 
ing. On the 23rd of January, five days later than the letter 
just quoted, he wrote that "We are now confined almost to our 



36 



THE GEORGIA HISTORICAL QUARTERLY. 




lines round the town, and are expecting a powerful attack 
every day, and probably a siege, and thus is this most valuable 
Province ruined, and, I fear, lost for want of that protection 
and attention which I conceive the loyalty of the inhabitants 
entitled them to." 

February 12th he wrote to Under Secretary William Knox 
that "this Province will be totally lost unless soon relieved," 
and in a postscript to the letter made this specific denunciation 
of one of the highest British officers : "I have this moment re- 
ceived a letter from General Sir H(enry) C(linton) — a trifling 
answer that a man might be ashamed to write ; and thus do the 
King's Generals conduct everything." 

From that time it became more certain every day that 
Georgia would have to be given up by the supporters of King 
George, and it is not necessary here to particularize the various 
steps leading to the evacuation of Savannah by the British 
troops, which occurred on the nth of July, 1782, and the de- 
parture of Sir James Wright for England. He went from 
Savannah to Charleston, South Carolina, accompanied by some 
of his civil and military officers, in the Princess Caroline, 
and from that place he went to England. 

He had been placed on the list of those attainted of high 

treason by act of the republican Assembly of Georgia, passed 
March ist, 1778, and his property confiscated. In the year 
1783, he was appointed the head of the board of agents of the 
American Loyalists for prosecuting their claims for com- 
pensation, and received for his services and in consideration 
of his loss of property, estimated to be worth thirty-three 
thousand pounds, a pension of five hundred pounds a year. 

He died in Fludyen street, Westminister, on the 20th of 
November, 1785, and on the 28th was buried in the north 
cloister of ^^'estminster Abbey. By his wife who, as already 
stated, was lost at sea, he had three sons and six daughters, 
and was succeeded in the baronetcy by his eldest son James, but 
the succession was continued in the line of his second son, 
Alexander, who settled in Jamaica. 



THE GEORGIA HISTORICAL QUARTERLY. 37 

AN EARLY DESCRIPTION OF GEORGIA 

From the Gentleman's Magazine, January, 
1756. Volume 26 

New Georgia 

New Georgia is included in Carolina, and extends from 
latitude 30.30 to 32 N., between the river Savannah to the 
north, and that of Altamaha to the south. 

^> This tract of country was also considered as part of South 
; Carolina till the year of 1732, when several persons of dis- 
'tinction conceived a design of forming it into a separate estab- 
lishment, with a view to procure a subsistance for the poor of 
Great Britain, and at the same time render them useful to 
their mother country. 

The foundation of this undertaking was the charity of 
one person, who bequeathed a very considerable sum of money 
for the discharge of insolvent debtors, and appointed Mr. 
James Oglethorpe, then a member of parliament, and another 
gentleman, trustees for that purpose. 

Mr. Oglethorpe was an active and enterprising man, and 
had distinguished himself as a friend to the unhappy wretches 
who were prisoners for debts which it was impossible they 
should pay, by many speeches in the house of commons in 
their favor ; he was in every respect qualified for the charita- 
ble trust that was reposed in him, and the sum that he was 
to dispose of appeared to him so considerable, as that it might 
easily be made the ground work of a project that would 
render the relief at first intended much more extensive and 
important. He flattered himself that if the legacy, of which 
he had the disposition, increased by the charitable contributions 
of others, was applied to establish a colony in the most south- 
ern part of Carolina, which was then a desert, it would soon 
become very easy to take Florida from the Spaniards, and to 
give the French much disturbance in Louisana, if not to drive 
them out. His imagination immediately took fire from the 



y 



38 



THE GEORGIA HISTORICAL QUARTERLY. 



contemplation of this project, and he zealously seized the otkI 
portunity of making himself considerable, by rendering so 
important a service to his country. 

As he did not want ability to recommend his project to 
others, he soon engaged in it several members of parliament 
who had an interest at court, and easily obtained the royal 
consent to found the intended colony; his majesty incorporated 
by charter those who had applied by petition, under the name 
of commissioners for the establishment of the colony of Geor- 
gia in America, and granted them his seven-eighths of this 
part of Carolina, the other being the propertyof Lord Carteret, 
with the pearl and all other fisheries, and all mines of gold, 
silver, and precious stones, reserving only a quit rent of 4s. 
for every hundred acres of land, the first payment to commence 
two years after they should bear value. Lord Carteret also 'I 
complimented the commissioners with his right to one-eighth 
of this district. 

A kind of general collection was made for this charity 
throughout the kingdom, and very considerable sums were 
contributed, to which the parliament added 10,000 sterling, 
and the commissioners were then able to purchase provisions 
and other necessaries for the execution of their plan. 

On the 6th of Noverriber, 1732, 100 adventurers embarked 
at Gravesend on board the Anne, a vessel of 200 tons burden ; 
on the 15th Mr. Oglethorpe also embarked on board the same 
vessel to direct the first operations for establishing the new 
colony; and on the 15th of January they arrived at Carolina. 

The succours which he received from the inhabitants of 
this Province greatly facilitated the execution of his design, 
and after having made an alliance with the savages, he laid 
the foundation of a city on the borders of the Savannah, and 
gave it the name of that river. 

In the May following another vessel arrived at Georgia 
from England with many new settlers, and a considerable 
quantity of fresh provisions; fifty more families were soon 



""IV^'H 



THE GEORGIA HISTORICAL QUARTERLY. 



89 



^fter sent over by the commissioners, so that the whole num- 
fber that had landed in Georgia was about 5cx>, of which 115 
; were foreigners. Besides this number which had been trans- 
; ported by the corporation, there were about 21 gentlemen and 
116 servants, who went over at their own expense, so that 
I during the first year 618 persons embarked for the new 
f Province, of which about 320 were men, 113 women, 102 boys, 
[and 83 girls. 

In 1755 the colony was augmented by 105 Highlanders 
¥} from Scotland, who settled on a spot which they called New 
Inverness, on the borders of the Altamaha. Mr. Oglethorpe, 
•who had carried over the first settlers, and returned to Eng- 
land with Tomochichi, the chief of an Indian nation, with 
whom he had contracted an alliance, went this year back again 
to Georgia with 3CX) more settlers from Britain. 

It is necessary in this place to take notice that Tomochichi, 
of whom great account was made at that time as the prince of 
a mighty nation, was in fact the chief of a warlike people, 
who have ever since preserved their allegiance to Great 
Britain, and who, upon the breaking out of the present con- 
tests with France, have given signal proofs of their unalter- 
able fidelity, by a solemn renewal of their former contract. 

The rash and impolitic zeal of the Bishop of Saltzborough, 
having driven the protestants out of his dominions, they were 
invited to make an asylum of our new Province ; many families 
readily accepted the offer, and at length formed two cities, 
which they called Old and New Ebenezer. 

In 1737 there were five cities and several villages in New 
Georgia, besides scattered habitations. Savannah, the capital, 
contained about 140 houses, besides magazines and cottages. 
The next considerable city was Augusta, the inhabitants of 
which applied themselves wholly to traffic with the savages ; 
and this trade was so considerable, that in the year 1738 they 
sent 100,000 weight of raw hides to Savannah. In 1739 there 
were no less than 600 inhabitants who solely carried on this 
trade, besides many planters. 






40 



THE GEORGIA HISTORICAL QUARTERLY. 



Georgia is divided into two parts, north and south. North 
Georgia contains three cities, Savannah, New Ebenezer and 
Augusta, and five villages, Old Ebenezer, Hampstead, High- 
gate, Abercorn and Skindwe. South Georgia contains two 
cities, Frederica and New Inverness, and one village, Barik- 
make. The Province is defended by 3 strong forts, Fort 
Argyle, Fort St. Andrew and Fort St. Augustine; but in 1741 
it did not contain more than 1,000 souls. 

This colony has by no means produced advantages equal 
to the great expense at which it has been established. The 
several sums granted by parliament before the year 1738, 
amounting to 66,000 I. sterl. and the sums collected in Great 
Britain, and in our American colonies were very great. 

The soil is not of the most fertile kind, yet it produces 
rice, pitch, tar, hemp, flax, vegetable wax, and bees wax in 
considerable quantities. 

The settlers also make pot-ash, and many vessels are 
freighted every year from Georgia with these commodities. 
They have firs of a gr^at height, which make excellent masts, 
and are very fit for the builders, besides wood for dyeing and 
veneering in great plenty. Mulberry trees are also very com- 
mon in this country, and it was hoped that silk worms might 
have been raised, and a silk manufacture established. With 
this view two or three Piedmontese were sent into Georgia, to 
instruct the settlers in this employment, and perfect silk was 
at length produced, but in so small a quantity that it de- 
served no attention. It is not indeed to be expected that the 
quantity of silk should be great as the colony was so thinly 
inhabited that hands were wanting to till the ground. 

But the want of inhabitants was not less owing to the 
novelty of the establishment than to the bad constitution of the 
government, which resembled no other British establishment 
in the world. The people were absolutely excluded from all 
share in the government, which was placed wholly in a council 
of 24 commissioners, appointed by the king, who resided in 




THE GEORGIA HISTORICAL QUARTERLY. 



41 



l^ondon, and nominated the magistrates who superintended 
the public affairs on the spot, and acted in consequence of in- 
structions transmitted to them from hence. 

These commissioners availed themselves of the power in- 
vested in them by the charter, of establishing fundamental 
laws, which totally subjected the colony to them, and in some 
degree rendered them absolute masters of the liberty and 
property of every individual in it. The only court of judi- 
cature was a kind of chancery, consisting of a very small num- 
ber of these deputed magistrates, upon whom not only the 
fortune, but the lives of the people entirely depended ; for as 
there is no appeal from the council, or the magistrates which 
the council deputes, the colony has no remedy but patiently 
to submit to any false measure which it may be required to 
pursue. 

The discontent whic'.i such a form of government would 
naturally produce was greatly increased by the regulations 
established by the commissioners in their distribution of lands 
to the settlers. They divided the country into small parcels of 
50 acres, and stipulated that only the male descendants of the 
tenant should inherit it, excluding daughters and every other 
degree of kindred ; so that in default of heirs male, the lands 
were to revert back to the commissioners. The tenant was also 
restrained from selling, letting, or exchanging his lands, from 
employing negroes and taking more than one lot, which con- 
tributed to make them weary of their situation. Great num- 
bers removed to South Carolina and other settlements ; some 
came back to England, and, if their report is to be believed, 
the 1,000 which inhabited Georgia in 1741 were the remains 
of more than 5,000 which had been sent thither between that 
time and the year 1732. 

Several alterations have been since made in these odious 
institutions. The lands now descend in the female line, and 
the tenant, if he has no heir, may devise them by will; but 
these alterations took place too late. 



42 



THE GEORGIA HISTORICAL QUARTERL\ 



This colony, however, is thought of some consequence to 
the British interest, not so much for the value of what it may 
produce, as because it may serve as a southern frontier against 
any enterprise that may be formed by the French or Spaniards 
if they should fortify themselves in Louisiana, as it is ap- 
parently their interest to do. 

Great disputes have arisen between Georgia and Carolina, 
concerning the navigation of the river Savannah which sepa- 
rates the two colonies. The people of Carolina having made 
it the channel of a considerable trade with the Indians for skins 
and furs. 

The charter by w^hich Georgia was granted to commis- 
sioners as a separate colony extends it from the most north- 
ern boundary of the Savannah to the most southern limits of 
Altamaha, by which both rivers appear to belong to them, and 
they have seized several vessels of Carolina upon those rivers, 
and justify their conduct by the following reasons: 

1. The Savannah is included in the grant of Georgia. 

2. The vessels which have been seized were laden with 
rum, which in Georgia was a prohibited commodity. 

3. They were fitted out for a traffic with the Indians, 
which belonged exclusively to the settlers in the new colony. 

The people of Carolnia have paid no regard to these rea- 
sons, but instead of discontinuing to navigate the Savannah, 
they have armed their vessels so as to be in no danger of an 
attack. 



n 



THE GEORGIA HISTORICAL QUARTERLY. 



4» 



PROTEST AND CAVEAT OF SIR JAMES WRIGHT 

AGAINST GOVERNOR THOMAS BOONE. OF 

SOUTH CAROLINA 

In connection with the statement in a foregoing article 
on the attempt made by Governor Thomas Boone to take, in 
the name of South Carolina, certain lands lying south of the 
Altamaha river, the following extracts from the Georgia 
Gazette, bearing on the subject, are thought to be of sufficient 
interest to warrant the printing of them in this place. 

From The Georgia Gazette. 
Savannah, April 21, 1763. 

The following Protest aad Caveat, with the Attestation of 
the Honourable Grey EIHott, Esq., is ordered to be published 
in this Gazette by his Excellency, the Governor: 

GEORGIA. 

To Thomas Boone, Esquire, his Majesty's Captain-General 
and Governor-in-Chief in and over the Province of South 
Carolina, and to all others to whom these Presents shall come 
or may concern. 

THE PROTESTATION and CAVEAT of JAMES 
WRIGHT, Esquire, his Majesty's Captain-Geneial and Gov- 
ernor-in-Chief, in and over the Province of Georgia against 
any warrants being issued, or attempts made, to surA-ey the 
lands to the southward of the river Altamaha, by pretence or 
color of any right or authority from or under the said Thomas 
Boone, as Governor of South Carolina, or from or under 
the said Thomas Boone, and his Majesty's Council in that 
Province ; and against any grant or grants being passed or 
signed by the said Thomas Boone, for any of the lands afore- 
said, to any person or persons whatsoever, until his ^Majesty's 
royal will and pleasure be known concerning the same. 

AA'HEREAS, his late Most Gracious Majesty, by letter 
from one of his principal Secretaries of State, dated the loth 
day of June, 1758, was pleased to signify his commands to the 



r 



( 



44 



THE GEORGIA HISTORICAL QUARTERLY. 



Governor of the Province of Georgia, that he should im- 
mediately give orders, in his Majesty's name, to the inhabitants 
of a certain settlement to the southward of the river Altamaha 
made without his Majesty's license or authority, and called by 
themselves New Hanover, to remove immediately from thence 
and that the said Governor should take all due care that no 
settlements whatever be made without leave of his Majesty, 
or by his authority ; in the execution of which orders the 
Governor of Georgia was directed to act in concert with the 
Governor of Carolina, who had received his Majesty's com- 
mands to the same purpose ; and although the reasons which 
possibly induced his Majesty not to suffer his subjects to 
settle the aforesaid lands, may now be thought not to subsist, 
because his Catholic Majesty, by the 19th preliminary article 
of peace, cedes to our Most Gracious Sovereign all that Spain 
possesses on the continent of North America, to the east or 
to the southeast of the river Mississippi, yet, as the ratifica- 
tion of the definitive treaty of peace between Great Britain 
and Spain, if it has taken efifect, is not notified, it would be 
premature in any of his Majesty's Governors to proceed as 
though it actually was notified ; and, from the state and light 
in which those lands have been for some years past con- 
sidered by his Majesty, to attempt to intermeddle therein, until 
his Majesty's royal will and pleasure be known, and his com- 
mands signified thereon, it is conceived would be highly im- 
proper, and contrar}' to his Majesty's intention. 

Therefore, for preservation of the rights and claims of the 
Province of Georgia, in and to the premises aforementioned, 
against any extraordinary or injurious attempts of the said 
Governor and Council of South Carolina, for the reasons 
hereinbefore given, and many others transmitted to Great 
Britain to be laid before his Majesty, I the said JAIMES 
WRIGHT, as Governor of the Province of Georgia afore- 
said, do protest against all or any attempts whatsoever to 
survey any lands to the southward of the aforesaid river 
Altamaha, by pretence or color of any authority from or under 
the Governor or the Governor and Council of South Carolina ; 



J^ 






"jrm 



THE GEORGIA HISTORICAL QUARTERLY. 



45 



and do, by these presents, enter a caveat against any grant 
or grants being passed or signed by the Governor of South 
CaroHna, for any of the lands aforesaid, to any person or 
persons whatsoever, until his Majesty's royal will and pleasure 
shall be known concerning the same, and, in most full and 
solemn manner, that have already, or may hereafter be had 
or done by the said Governor and Council, in or about the 
disposal of the lands aforesaid, as expressly contrary to his 
Majesty's royal intention, and null and void. 

And that no person or persons may plead ignorance of 
this protestation and caveat, I do request and demand, that it 
be entered in the book of caveats against grants, usually kept 
in the Secretary's Office in the Province of South Carolina. 

In testimony whereof, I have hereunto set my hand and 
seal, at Savannah in Georgia, the 30th day of March, in the 
year of our Lord 1763. 

JAMES WRIGHT. 



By his Excellency's command. 

JOHN TALLEY, Deputy-Secretary. 

Savannah in Georgia. 

I, Grey Elliott, Esquire, a member of his Majesty's Council 
for the Province of Georgia, do hereby declare and certify, 
that on Tuesday the fifth day of this instant April, about the 
hour of nine in the forenoon, at the request and by the direc- 
tion of his Excellency James Wright, Esquire, Governor of 
Georgia, I did exhibit and tender to his Excellency Thomas 
Boone, Esquire, in Charles Town, the original of which the 
before written is an exact copy ; and that he absolutely re- 
fused to accept, receive or peruse the same ; that on my telling 
him I should enter it in a proper manner, he replied, the 
Secretary's Office was open to every body; and that I did im- 
mediately after carry the same to the Secretary's Office, and 
tendered it to the Secretary's clerk, who told me it should be 
recorded in the afternoon; that, about four o'clock in the afte^ 



46 



THE GEORGIA HISTORICAL QUARTERLY. 



noon, Thomas Scottowe, Esquire, Secretary of the Province 
of South Carohna, did return me the same, telHng me he was 
directed by the Governor and Council, or in Council, to declare 
to me, that the same should not be received or entered in his 
office. Given under my hand and seal, at Savannah, the 20th 
day of April, in the year of our Lord 1763. 

GREY ELLIOTT 

Savannah, August 25, 1763. 

We can with pleasure and certainty assure our readers, 
that the late proceedings in our neighboring province, with 
respect to the southern lands, have been disapproved of at 
home, and are considered as highly injurious to the purposes 
of the crown. In consequence whereof, we hear directions are 
sent to his Excellency Thomas Boone, Esq., Governor of 
South Carolina, by the Friendship, Capt. Ball, to desist from 
granting any of the lands to the southward of the Altamaha, 
and from any pretention of authority over them. The vigilance 
and abilities of our agent, William Knox, Esq., which have, 
on this and every other provincial concern, been exerted for 
the interests of this colony, reflect the greatest honor upon 
that Gentleman. 






THE GEORGIA HISTORICAL QUARTERLY. 



47 




THE MORAVIANS OF GEORGIA AND 
PENNSYLVANIA AS EDUCATORS 

By THE EDITOR 

There is no intention on the part of the writer to treat of 
the history of the Moravians in this short sketch as a religious 
sect, and their creed and mode of worship will not be touched 
upon except in a general way, and then only as may be neces- 
sary in bringing out the facts connected with their educational 
activities. 

Immediately following the founding of jthe colony of 
Georgia application was made to the Trustees for land by 
several Protestant religious fraternities seeking an asylum in 
the new country. Among them was a German sect known 
as, United Brethren, or Moravians. Through the efforts of 
their leader. Nicolaus Ludovicus, Count of Zinzendorf and 
Pottendorf, five hundred acres were granted to them, and, by 
action of the Common Council of the Trustees, Januan,' lo, 
1735, it was ordered that "a certified copy of Count Zinzen- 
dorf 's grant be sent to Georgia, and that possession of the land 
be delivered to Mr. August Gottlieb Spangenberg, attorney for 
Count Zinzendorf." It is presumed that the Reverend Mr. 
Spangenberg was then about to set out for Georgia, as he 
was in Savannah on the arrival of the twenty-seven Moravians 
who, with Bishop David Nitschmann at their head, sailed from 
England in the Symonds, with the \\'esleys, in December, 1735, 
and reached the Georgia coast February 4, 1736. 

The spot selected for the settlement of these people was 
on tlie river, between Savannah and the Salzburg town of 
Ebenezer. They were an industrious party, and managed their 
affairs so well that by thrift and economy they prospered. 
Here they showed their good intention by an immediate prepa- 
ration for a work among the Indians in their education and 
spiritual uplift. They were in the very midst of a race who 
needed their help and who gladly listened to their offer to 
serve them. They secured the friendship of the good old 
Chief Tomochichi, and with his aid they built a school house 
near his village to which they gave the name Irene. Thus 






48 



THE GEORGIA HISTORICAL QUARTERLY. 



they began to do what, but for the interruption to be mentioned 
later on, might have proved a wonderful means of bringing 
about a friendly relation between the white and red races more 
lasting and intense than ever wrought through any other 
method. The aptness of the Moravians for imparting instruc- 
tion has shown itself since those days through their efforts 
in other directions and in the various places where they estab- 
lished institutions of learning. 

The influence of the Moravians was felt wherever they 
went. John Wesley's intercourse with them was an experience 
which he could not help acknowledging as for his good. 
Francis Moore, in his account of "A Voyage to Georgia," wrote 
"Mr. Spangenberg acquainted Mr. Oglethorpe that several 
Germans with whom he had an influence were gone to Penn- 
sylvania instead of Georgia, and that he would go thither and 
fetch them, to be an increase of strength to the colony," but 
Oglethorpe declined the oflfer only because he "would not 
inveigle any from another colony." The twenty-seven persons 
who settled near Ebenezer were filled with a desire to do 
a good work, and they exerted their energies to the utmost in 
trying to serve God. Their ways in serving God did not in 
all respects suit the other classes making up the population of 
the Province, so they did not stay long in the new home. 
When called upon to bear arms in the defense of the colony 
against the Spaniards, they demurred on the ground that it 
was forbidden by their religion to serve as soldiers, and they 
were excused; but that action caused such a feeling against 
them that they concluded that their usefulness was so much 
impaired as to make a departure desirable, and in 1738 most 
of them removed to Pennsylvania where they founded the 
town of Bethlehem. A writer, in a pamphlet printed in 174^, 
called "A True and Historical Narrative of the Colony of 
Georgia in America," said "The settlements of the Germans of 
Count Zinzendorf, who were twenty families * * * are 
likewise now entirely abandoned." 

In the year 1740 John Hagen went to Savannah, not 
knowing that his predecessors had gone away. Irene was 



THE GEOKCrA HISTORICAL QUARI'LRLY. 



49 



almost without an inhabitant, and the Indians in the vicinity 
seemed to have forgotton what the Moravians had taught 
them, and Hagen, finding no field for his labors, joined the 
Bethlehem congregation early in 1742. In October, 1746, an 
effort was made to have a Moravian settlement established at 
a point higher up the river, but did not succeed, although it 
was intended to have men prepared to teach as leaders of the 
party. In 1774 two Moravian teachers, Ludwig Muller and 
John George Wagner, settled on the plantation of Mr. William 
Knox, Under Secretary of State, and began to teach the slaves, 
and they were joined by Frederick William Marshall, an agent 
of the ]\Ioravians, from Salem, North Carolina, but all their 
efforts to build up a congregation came to naught, and the 
War of the Revolution stopped any further action in that way. 

There is one fact in connection with the settlement of the 
Moravians in Georgia which is not without interest, and that is 
the incident of the death of the first of their congregation, 
Friedrich Reidel. He w'as one of the earliest immigrants, 
accompanying Spangenberg. He was taken ill with fever, 
passed the crisis, seemed to have entirely recovered his health, 
had a relapse, and died on the 30th of September, 1735, old 
style, (Oct. nth, new style), and was buried in the old ceme- 
tery on what we now call Oglethorpe Avenue. He is supposed 
to have been the first IMoravian to die in the United States. 

The jNIoravian Missionary Board, after application for 
permission to establish a school at Spring Place in what is 
now Murray County, and meeting with refusals, finally, in 
1801, through the patronage of two Cherokee Chiefs, suc- 
ceeded in opening a mission there. Messrs. Abraham Steiner 
and G. Byhan were the first teachers, and afterwards the 
Rev. Jacob \\^ohlfahrt, and Mr. and Mrs. John Gambold and 
others took up the work. It is recorded that the first converts 
were a ]\Ir. Charles R. Hicks and a woman whose name is not 
given. We do not know anything of the history of the mission 
after the year 1825. 

T-y the removal of the Moravians from Georgia the State lost 
the influence and moral force of a class of citizens whose 




50 



THE GEORGIA HISTORICAL QUARTERLY. 




activities were transferred to Pennsylvania, and that State 
gained to an extent incomputable through Georgia's loss. 
Beginning with the establishment of the church by the band 
who went from Georgia, the Moravians continued to thrive 
and the towns of Xazareth and Bethlehem were built up. 
George Whitefield, in 1740, bought a tract of five hundred 
acres in Upper Nazareth Township, and in 1743 he sold it to 
the Countess of Zinzendorf, and there was established an in- 
stitution of learning to which was given the name of Nazareth 
Hall in 1755, when the corner-stone was laid. It was at first 
a house of worship, but in 1757 the synod decided that it was 
intended for the accommodation of the brethren and sisters 
going to or returning from the preaching place or missionary 
station ; but Jwo years afterwards the purpose was changed 
so that it was made a school, and such it remained for twenty 
years. It is needless to record the changes adopted in the 
rules governing the management from time to time. A history 
of the institution has been written by the Reverend Levin T. 
Reichel, and he relates the facts in connection with the edu- 
cational work accomplished in Pennsylvania. He says "Schools 
were therefore instituted at the expense of the church at the 
earliest period * * * and separate seminaries formed for 
boys and girls in various localities * * * and also a nursery 
for infants, into which the little ones were received when 
scarcely two years old." He further on states that in later 
years the methods of conducting the Nazareth Hall seminary 
were changed and it was made "an educational institution of 
the church in which were to be educated not only skilful 
mechanics but also assistants in the work of the Lord." It 
became a boarding-school, and at the end of 1854, when the 
sketch was written, the number of boarders alone for that 
year were eighty-two. the whole number of inmates being one 
hundred and twenty. The theological seminary, a department of 
Nazareth Hall, founded in 1807, has since 1858 been situated 
at Bethlehem. 

Bethlehem, in Pennsjdvania, was founded by the ^Moravians 
in 1742, and is really the headquarters of thst denomination. 



fHE GEORGIA HISTORICAL QUARTERLY. 



51 




There is located the theological seminary just mentioned, 
parochial schools, and a seminary and college for women, the 
last mentioned having a history remarkable for the very large 
number of pupils enrolled since its opening in 1785, and the 
character and standing of its patrons during all the time of its 
operations. The facts in relation to its founding and its 
progress were made known to its patrons and alumnae in 
1858, in a volume, by William C. Reidel, called the '"Bethle- 
hem Seminary Souvenir."' We. quote a few words from its 
preface: "The same spirit which prompted the original 
foundation of the town of Bethlehem and of other similar 
establishments of the Moravian Church also led to the estab- 
lishment of this Seminary, as well as of other educational 
institutions of a like nature." In response to a decision of the 
bishop and pastors of Bethlehem and Nazareth in March, 
1785, "'to formally open a boarding-school for boys at 
Nazareth Hall, and a similar institution for girls at Bethlehem, 
on ^lichaelmas next," the Seminary was established. 

Perhaps the most interesting fact in connection with the 
Moravian settlement at Bethlehem is the incident of the mak- 
ing of the banner for the legion commanded by Count Pulaski 
in the Revolutionary War. This circumstance has been 
variously told, and the truth in regard to the matter has been 
misinterpreted mainly through the poem of Longfellow with 
the misleading title of a "Hymn of the Moravian Ahtns at the 
Consecration of Pulaski's Banner.'' In the "Pennsylvania 
Archives ; Pennsylvania in the Revolution," is this statement : 

"For years it was received as a fact that it (the banner) 
had been presented to Pulaski by the Moravian single Sisters 
of Bethlehem as a token of their gratitude for the protection 
Pulaski afforded them, surrounded as they were by a rough 
and uncouth soldiery. Recent investigations show that the 
General on visiting the Sisters' house saw their beautiful 
embroidery and he then ordered a small cavalry banner for his 
legion. The whole transaction was a simple business one." 

Reidel, in his Bethlehem Seminary Souvenir, in a foot note, 
gives the same story, repeated by others, that "Count Casimir 



■T"™"" 



53 



rHE GEORGIA KISTOLICAL QUAKTEKLV. 



Pulaski was complimented by the presentation of a banner 
embroidered by the single Sisters, as a token of their gratitude 
for the protection he had afforded them by a rough and un- 
couth soldiery. A special guard was kept around this home 
of helpless females, and Pulaski in person shared the duties 
of the sentinel." He also gives the names of the Sisters en- 
gaged in making the banner. It was suggested, he says, by 
Susan Von Gersdorf ; that the design was intrusted to Becky 
Langly and Julia Bader; and that the work on it was done by 
a number of them, especially Anna Beam, Anna Hussy, and 
Erdmuth Lanfly. And finally he relates that "The banner 
was received by Pulaski with grateful acknowledgments, and 
borne in his regiment through the campaign, until he fell in 
the attack on Savannah, in the autumn of 1779." 

But the question seems to be positively settled by Dr. 
Richard Henry Spencer, Corresponding Secretary of the Mary- 
land Historical Society, in an article in "The Patriotic Mary- 
lander" for June, 1916. In it he quotes from Colonel Benta- 
lou's pamphlet of 1826, in reply to Judge Johnson, as to the 
final disposition of the banner when it was presented to the 
Maryland Historical Society, that it was "interesting to Balti- 
more at least, which, when a village, had been the cradle of the 
legion, and whose women, with a touch of patriotism, had 
caused this standard to be made and presented to the young 
corps." 

Dr. Spencer closed his article with these words : 
"It is gratifying to know * * * that the patriotic women 
of Baltimore presented this banner to Pulaski's legion during 
the darkest days of our Revolution and that is was only the 
handizvork of the Moravian single Sisters of Bethlehem, Pa., 
and for which they were paid." 

As a matter of information to our readers, we have com- 
piled from the "Bethlehem Seminary Souvenir" a list of the 
Georgia girls entered on the roll of students of the Seminary 
from the date of its founding to the year 1858, and it is given 
herewith. 




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■/HE GEORGIA HISTORICAL QUARTERLY. 



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56 



rKE GEORGTA HISTORICAL QT;AK'i~ERLY. 



■' :i 



As a supplement to the foregoing the facts which follow 
deserve a place in this record, showing the relation of persons 
not claiming Georgia as their home to inmates of the institu- 
tion. 

Two daughters of General Nathanael Greene, Martha 
Washington and Cornelia Lott, were admitted into the Semi- 
nary in 1788, after their father's death, as from Rhode Island, 
although Georgia was then their home. The former was 
eleven years of age, and afterwards married John C. Night- 
ingale, and following his death she married Dr. Henry Turner; 
and the latter was nine, and her first husband was Peyton 
Skipwith, the second Edward B. Littlefield. 

Maria Stackhouse, daughter of Mrs. Margaret Stackhouse, 
of New York, entered in 1809, at the age of eleven years, and 
later became the wife of George Gordon, of Savannah. 

Elizabeth Dowers, of Trenton, New Jersey, was admitted 
in 1817, and was afterwards the wife of James H. Johnston, 
of Savannah. 

Caroline Margaret S. Nicoll, daughter of A. Y. Nicoll, of 
New Brunswick, New Jersey, was a pupil of the Seminary, 
where she was placed in 1826, aged twelve years, and later 
married Colonel Miller Hallowes, of St. Mary's Georgia. 



THE GEORGIA HISTORICAL nuARTERLY. 



67 



QUERIES AND ANSWERS 

Hunter. — I have heard that before the coming of the 
English colonists to Georgia the Indians killed numbers of 
the buffalo in this vicinity. Is there any authority for such 
statement ? 

In the authentic accounts of interviews with the Indians 
they made frequent allusions to the buffalo. Among them is 
the well-known Curious Account of the Indians by an Honor- 
able Person, by General Oglethorpe, giving Tomochichi's 
"first set speech" to him, when he presented a buffalo's skin, 
painted on the inside with the head and feathers of an eagle, 
declaring that "the eagle signified speed, and the buffalo 
strength * * * the buffalo skin was warm, and signified 
protection."' We could give many other facts tending to prove 
that the animal mentioned was well known to the Indians in 
this neighborhood ; but the most positive one, and one that is 
unquestionable, is this statement in a letter of Oglethorpe to the 
Trustees, dated at Frederica, i6th March, 1736: 

"Tomochichi and I, at his desire, go out tomorrow to hunt 
ye buft'aloe as far as the utmost extent of his dominions, 
towards Augustine." 



P. L. — Is there any reference in writings on the early 
history of places on our sea-coast to that pest so annoying 
to us in close touch with salt-water streams, about this time — 

the sand-fly? 

A\'e have in mind no account of any writer on affairs in 
the salt-water section of Georgia mentioning that insect, ex- 
cept a few words in the journal of the Reverend John Wesley. 
On Sunday, April 4, 1736, after mentioning that he had set 
out from Savannah for Frederica, some time after the date of 
the previous entry, he added that "The next evening we 
anchored near Skidaway Island * * * I wrapped myself up 
from head to foot in a large cloak, to keep off the sand- 
flies." 



\ 



53 



THF, GEORGIA HISTORICAL QUARTF.RLY. 



We add to this the following : 

The London Magazine for the year 1745-6, published a 
sketch by a young gentleman, with the title "Itinerant Observa- 
tions in America." The article has been republished in the 
4th volume of the Collections of the Georgia Historical Society. 
The author, describing a voyage from St. Simon's Island to 
Darien, in a six-oared boat, commented on the sand-fly, and 
the mosquito, and of the first he wrote: 

"The sand-fly is so minute an insect as scarce to be per- 
ceivable with the naked eye, only appearing like the sporting 
particles of dust that float in the sun-shine. It even intrudes 
itself into the mouth as you breathe, and insinuates into all the 
small apertures of your garments, nor can you in any way fend 
yourself entirely from them." 




T. S. B. — What is the true story concerning the visit of 
Sir Walter Raleigh to the coast region of Georgia? 

Considering the fact that it is very doubtful whether Sir 
Walter Raleigh ever was in America, the matter suggested by 
our correspondent is of much interest, and we cheerfully give 
up a large portion of the space devoted to this department to 
a recital of all the information to be found on the subject. 

Benjamin Martyn, Secretary to the Georgia Trustees, 
wrote, in 1741, "An Account Showing the Progress of the 
Colony of Georgia in America," and appended to it an extract 
from a letter in the South Carolina Gazette, dated at Charles- 
ton, March 22nd, 1733, part of which is as follows: 

"Mr. Oglethorpe has with him Sir Walter Raleigh's writ- 
ten journal, and by the latitude of the place, the marks and 
traditions of the Indians, it is the very place where he first 
went on shore, and talked with the Indians, and was the first 
Englishman they ever saw ; and about half a mile from Savan- 
nah is a high mount of earth, under which lies their chief king; 
and the Indians informed Mr. Oglethorpe that their king de- 
sired before he died that he might be buried on the spot where 
he talked with that great, good man." 



! "''Uf^ 



THE GEORGIA HISTORICAL QUARTERLY. 



59 



]\Ir. John Gerar William De Brahm, Surveyor-General of 
the Southern District of North America, in his History of 
the Province of Georgia, told the same story, but with addi- 
tions which make the tale more credible ; and this is his 
account : 

"Between the city (Savannah) and the Trustees' Garden is 
an artificial hill upon the bay, part of which, in 1760, was dug 
through ( to open a communication with this suburb and the 
city), whereby a stratum was opened near the plane of the 
city, filled with human bones. This confirmed the history of 
this mount, which had traduced it to be an ancient burying 
ground, on which (as Tomochichi. the last Yamacraw king 
related to General Oglethorpe at his arrival) one of the Yama- 
craw kings had entertained a great white man, with a red 
beard, who had entered the port of Savannah stream with a 
very large vessel, and himself came up in his barge to Yama- 
craw, and had expressed great affection to the Indians, from 
which he hath had the return of as much. The white man, 
with his red beard, intending to present the king with a piece 
of curiosity (he had on board of his vessel), for which he 
desired some Indians might go down to receive it from his 
Lieutenant on board, to whom he wrote a note, which he 
signified the Indians would deliver to this officer, who (pur- 
suant to the order in the note) delivered what was demanded, 
and the Indians brought it up to Yamacraw, at which their king 
was greatly surprised, but more so that this white man could 
send his thoughts to so great a distance upon a white leaf, 
which, surpassing their conception, they were ready to believe 
this white to be more than a man, as the Indians have no other 
way to express times passed or to come than by rising and 
setting of the sun, by new moons, by sprouting of the trees and 
the number of their ancestors. The General, by the nearest 
computation, and comparing history with chronology, con- 
cluded the person to have been Admiral Sir Walter Raleigh, 
who probably entered the Savannah port in 1584, when on his 
navigation upon this coast." 



■60 



iKE GEORGIA HISTORICAL QUARTERLY. 



EDITOR'S NOTES 

The seventy-ninth annual meeting of the Georgia Historical 
Society was held in the evening of February 12, when the 
reports of the officers were submitted. The President, Mr. 
W. W. Mackall, in addition to his report on the Society's con- 
dition and prospects, made some remarks on "The Duty of the 
Hour," and, by direction of the Society, they have been printed 
and copies sent to the members, and others. 

At that meeting Col. A. M. Brookfield, British Consul, and 
Miss Jane Judge, of Savannah, and Mr. Newton J. Norman, of 
Flemington, were elected members of the Society, and Mr. 
Joseph B. Cumming, of Augusta, was transferred to the list of 
honorary members. 

A meeting of the Board of Managers was held on the 9th 
of March, when the following thirty-two persons were elected 
members : 



Thomas B. Hooks, 

Americus, Ga. 

W. H. Crawford \\'heatley, 
Americus, Ga. 

Rev. James B. Lawrence, 
Americus, Ga. 

Lee Allen, 

Americus, Ga. 

Franc Mangum, 

Americus, Ga. 

George R. Ellis, 

Americus, Ga. 

Stephen Pace, 

Americus, Ga. 

J. E. Sheppard. 

Americus, Ga. 



J. E. D. Shipp, 

Americus, Ga. 

Mrs. Bettie Council McKee, 
Americus, Ga. 

J. R. Pottle, 

Albany, Ga. 

R. L. Jones, 

Albany, Ga. 

Sidney R. Dejarnette, 
Albany, Ga. 

H. T. :McIntosh, 

Albany, Ga. 

H. M. ^Iclntosh, 
Albany, Ga. 

Edward B. Young, 
Albany, Ga. 



THE GEORGIA HISTORICAL QUARTERLY. 



61 



James Tift Mann, 
Albany, Ga. 

H. A. Peacock, 

Albany, Ga. 

Mather ^l. Eakes. 
Cordele, Ga. 

Charles E. Brown, 
Cordele, Ga. 

Thomas J. McArthur, 
Cordele, Ga. 

Jos. J. Williams, 

Cordele, Ga. 

E. F. Strozier, 

Cordele, Ga. 

W H. Dorris, 

Cordele, Ga. 



Max E. Land, 

Cordele, Ga. 

\\'illiam P. Fleming, 
Cordele, Ga. 

B. H. Palmer, 

Cordele, Ga. 

Otis H. Elkins, 

Fitzgerald, Ga. 

J. E. Ricketson, 

Fitzgerald, Ga. 

J. B. Wall, 

Fitzgerald, Ga. 

Alex J. McDonald, 

Fitzgerald, Ga. 

D. B. Nicholson, Jr., 
Fitzgerald, Ga. 



It is our desire and purpose to have the Quarterly printed 
and delivered promptly by the first day of the months of March, 
June, September and December. By reason of the reduction in 
the force of the printing-house doing the work, caused by a 
number of the printers leaving to serve in the War, the Decem- 
ber number was delayed, very much to our embarrassment. 

After the preparation of a considerable portion of the 
matter for this number, we received information that the Morn- 
ing News had decided to close its job printing department, and 
we had to make other arrangements for the printing of this 
periodical. It took some time to make a satisfactory contract, 
and consequently our IVIarch number will be somewhat late in 
reaching our readers. We are pleased to say, however, that 
the house of Braid & Hutton, Incorporated, will from this time 
do the work, and we feel assured that there will be no more 
trouble in this respect. 



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STATE ySRARY 




EORGIA HISTORICAL 
QUARTERLY 






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PUBLISHED BY THE 



JORGIA HISTORICAL SOCIETY 



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VOL. 1 1 No- 2 



JUNE, 1918 



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CONTENTS 



GEORGIA HISTORICAL QUARTERLY, JUNE, 1918 



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Pages.- yM 



The Wymberley. Jones De Renne Georgia Library, 



f'::p^:l'.:y''^'' -^' ' ---'-^ - /':>^'^\'''-y'-.^ .-- By Leonard L. Mackall 63-86. vi^s 

^^ "~" '^^yy^'} ' - " •" ■ . - - ' ~ ■. •. '^^ 

^:, : 5; '■ - Georgia and the African Slave Trade: Charge to ■■ "" 

-t'lr- ^-^'■^\,:; .., Grand JuRxI^^A^ . - .- ■-. - , ,. Lv^'j^ 

H'-r^t'v -- -^ - r ^^^^ J'^stice Jathes M. Wayne 87-113 -^-, 

.V^^7|^:->;^:: Editor's Notes^ \- ^;.-"-0- ' -V ' - -- /- -' - ii 5-116"' ^^' 
'■^ "'' ' "Queries and Answers - - '^.r ---,: .--'■ - 

■-^,' ■;;:/' ">.^>? -''/•-.''■'':'-' ---^ ; • Illustration', ■;;■ ' ^~ ''"/ 

^^ ^ , - The De Renne Georgia Library at. Worm sloe ". 
^, :- ;. -i V ... . . . . '; . . . Back of Title 



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THE 

GEORGIA HISTORICAL 

QUARTERLY 




PUBLISHED BY THE 



GEORGIA HISTORICAL SOCIETY 



SAVANNAH, GEORGIA 



VOL. 1 1 No. 2 



JUNE, 1918 



Printed for the Society by 
BRAID & HUTTON. INC.. 

Savannah, Georgia 



ONE DOLLAR A NUMBER 



THREE DOLLARS A YEAR 




THE WYMBERLEY JONES DE RENNE GEORGIA LIBRARY 
AT WORMSLOE 



J 



THE 

GEORGIA HISTORICAL 

QUARTERLY 



VOL. II 



JUNE. 1918 



No. 2 



THE Wymberley Jones De Renne Georgia Library 

BY ITS'LIBRARIAN 
LEONARD L. MACKALL 

There have been various pubHshed accounts of the public 
State and local archives of Georgia, of public historical col- 
lections, of those who have from time to time written about 
the State, or even intended to do so. (') 

Let me now, as a mere bibliographical bibliophile and col- 
lector, supplement these by a few words concerning the chief 

• Read before The Georgia Historical Society, at its quarterly meet- 
. Ing, on May 6th, 191S; now revised, amplified and annotated for publication 
here. Ever since I first took charge of the DeRenne Library in March, 
1916, I have wished to read some such paper before this Society, but, for 
various reasons, it seemed better to postpone doing so until now. Recently 
some portions of wliat follows were read informally in Atlanta, before the 
Georgia Historical Association, on April 6th, in order that the chief facta 
might become known to certain historical scholars then assembled there, 
(i) Of. U. B. Phillips on the Public Archives of Georgia: "Am. Hist. 
Assoc. Annual Report for 1903 I, 439-474, and on the Ga. Local Archives 
(A. H. A. A. R. for 1904 pp. 555-596,) Miss Julia A. Flisch on the public 
Records of Richmond County (A. H. A. A. R. for 1906 II, 159-164) of. also 
"The Condition of Georgia's Archives" by Mrs. Maud Barker Cobb, State 
Librarian (Ga. Hist. Association Proceedings I, 32-35) 1917 — showirg that 
many records listed by Phillips had meanwhile become lost or inaccessi- 
ble. L. L. Knight, State Compiler of Records, in the same pamphlet (pp. 
36-44) gives an outline history of his olTice, a list of Candler transcripts 
still unpublished, and reasons for establishing a State department of Arch- 
ives. Miss A. R. Hasse's very valuable "Materials for a Bibliography of 
the Public Archives of the Thirteen Original States ... to 1789" contains 
(A. H. A. A. R. for 1906, II, 550 f.) an elaborate historical' Prefatory N'ote 
(followed by precise references) on Georgia's attitude towards its Records. 
It is well known that the Ga. Hist. Society ever since its foundation in 
1S39 has always taken a very active interest in this subject, and has re- 
peatedly memorialized the legislature in this connection. Phillips append- 
ed a very valuable critical bibliographj' of Ga., with concise and judicious 
characterizations, to his famous study of Ga. and State Rights (A. H. A. 
A. R. for 1901, II, 211-220.) There are very elaborate and learned biblio- 
graphical notes on the English Colonization of Ga. by C. C. Jones, Jr., 
and Justin Winsor in Vol. V, 1887, of Winsor's Nam & Crit. Hist, of Am. A 
more extensive general "Preliminary Bibliography of Ga." (300 nos.) by 
Prof. R. P. Brooks, of Athens, forms the Bulletin of the Univ. of Ga. for 
June, 1910. A later general view of "Historiography in Ga." by Prof. 
T. H. Jack, of Emory Univ., is in the Ga. Historical Association Pro- 
ceedings I, 21-31. 



64 



THE GEORGIA HISTORICAL QUARTERLY 



private collections of documents bearing on the history of this 
State; and then, in particular, try to give you some more 
definite idea of the Wymberley Jones De Renne Georgia Li- 
brary, perhaps the finest private collection ever formed for 
any State in the Union, and certainly by far the most impor- 
tant one in Georgia. 

But first let me quote from the quaint old official surveyor 
DeBrahm a very interesting and almost unknown passage on the 
libraries and the state of culture in Georgia, as he knew it 
about 1751-71. — "He (the author) was often surprised at the 
good and sound Judgments and Argumentations of Men, 
whom He knew had been brought up entirely to Mechanism 
without any more Education than reading and writing, they 
after acquiring Estates, being in easy Circumstances of Life, 
and in a Country not as yet debauched by European Luxuries, 
such as Balls, Masquerades, Operas, Plays, &c; they applied 
themselves to reading good Authors, of which (yea of the 
best) America has no Reason to complain of a Want. There is 
scarcely a House in the Cities, Towns or Plantations, but what 
have some Choice Authors, if not Libraries of religious, philo- 
sophical and political Writers. Booksellers endeavor to im- 
port the newest Editions, and take Care to commission the 
best, well knowing they will not incumber their Shops long, but 
soon find Admirers, and Purchasers, besides that many of their 
Books they write for are commissioned by the Inhabitants. 
This Province was scarce thirty years settled, before it had 
three fine Libraries in the City of Savannah, the fourth at 
Ebenezer, and a fifth 96 3-4 miles from the Sea, upon the 
Stream of Savannah. In these Libraries could be had books 
wrote in the Caldaic, Hebrew, Arabec, Siriac, Coptic, Malabar, 
Greek, Latin, French, German, Dutch and Spanish, besides 
the English, viz. in thirteen Languages." ^^^ 

(2) History of the Province of Georgia, by J. G. W. DeBrahm 
Wormsloe 1S49, p. 24. cf. note on Wormsloe books below. I have not yel 
succeeded in locating that fifth Library situated "96 3-4 miles from tne 
Sea upon the Stream of Savannah." 



""'"'SIISI 



THE GEORGIA HISTORICAL QUARTERLY 



65 



»}j- It is well known that Edward Langworthy, a Georgia dele- 

gate to the Continental Congress, collected materials for what 
would have been the first independent history of this State, 
but he died in Elkton, Md., without publishing it (if ever 
written) and Stevens, Jones and others have lamented the 
fact that all efforts to trace and locate his papers have failed 
utterly. ^3) However, the DeRenne Library last year '■») ac- 
quired many of them, including most interesting letters from 
Gen. James Jackson, advising Langworthy just which books to 
use, and sending him various manuscripts to supplement them. 

The foundation in 1839 ^"^ early success of the Georgia 
Historical Society ^5) were largely due to the energy and per- 
sistence of Israel Keech Teft't (1794-1862) of Savannah, 
whose great collection of autographs and manuscripts was 
possibly the most important private one in the whole coun- 
try, at that time. Frederika Bremer, the Swedish novelist, who 
had travelled a great deal, and visited Savannah in 1850 and 
185 1, did not hesitate to call him "the greatest autograph col- 
lector in the world." After his death his whole collection was 
dispersed by auction in New York, March 1867. His com- 
plete set of autographs of Signers of the Declaration of Inde- 
pendence "Quarto, bound in full Turkey morocco extra, gilt 

(3) Cf. Wm. B. Stevens, Hist, of Ga. I, vii (N. T. 1847) & C. C. Jones, 
Jr., "Biograph- Sketches of the Delegates from Ga., to the Continental 
Congress" p. 137 f. 1S91. The 1791 letter from L., which Jones quotes is 
now in the Emmet Collection (E-Calendar No. 1303) of the N'. Y. Public 
Libr., having been sold with the Jones Autographs Apr. 24-26, 1894 (No. 
653 of Henkel's cat. for Birch's auction, Phila.) 

Langworthy was preceded by the well-known anonymous Historical Ac- 
count of_ _ -the Colonies of South Carolina and Georgia. London 1779, 
2 vols, written by Alex. Hewatt, or Hewitt, or Hewit, and reprinted 
with notes in B. R. Carroll's Hist. Collections of So. Ca., vol. I, 1S36. 

The late Mr. W. J. DeRenne had very elaborate search made for the 
remains of the Langworthy collection, but in vain. 

(4) Acquired at the auction of Sam. T. Freeman & Co., Phila., on 
April 10th, 1917. Dr. I. Minis Hays, Seer, of the Am. Philosophical Society, 
marked the very vague and almost worthless auction catalogue and then 
sent it to Mr. J. Florance Minis, of Savannah, who kindly gave it to me, 
with the above result. Thus we are indeed much indebted to these gen- 
tlemen. The auction cat. includes these items as part of the estate of 
the late Geo. M. Conarroe, sold by order of the executors of Nannie D. 
Conarroe. 

(5) Cf. C. C. Jones, Jr., Anniversary Address before the Ga. Hist. Soo. 
14 Feb., 1881. 



66 



THE GEORGIA HISTORICAL QUARTERLY 



^(i:^ 




edges" (6) was bought by the New York State Library for $625, 
and fortunately survived the disastrous fire of March 29, 1911 
when so little else in the building could be saved, though it was 
officially considered fire-proof. 

The once deservedly famous library of fine books and 
manuscripts formed by the bibliophile Alexander Augustus 
Smets, (7) Tefft's friend and neighbor, and also one of the 
founders of the Georgia Historical Society, though really re- 
markable in other respects, (e. g. he had Caxton's ed. 1482 of 
Higden's Polychronicon) seems to have contained little or 
nothing of importance on Georgia. 

Tefft's fine Button Gwinnett manuscript had been pre- 
sented to him by George Wymberley Jones DeRenne (1827- 
1880) the next Georgia collector of note. His name was 
originally George Frederic Tilghman Jones, but in 1847 he 

(6) Tefft is called the "fons et origo" of the G. H. S. in the brief 
memoir by C. C. Jones (Memorial Biographies of the N. Engl. Hist. Gen- 
ealogical Society V, 60-62, Boston, 1894), and Stevens Hist, of Ga. II, ivl 
(1859) expresses his deep obligation to Tefft "in whose library the idea of 
writing this Hi3tory was conceived, &c." Miss Bremer's expression quoted 
from her letter, dated Sav. May 14th, 1850, in her "Homes of the New 
World," translated by Marj- Howitt, London, 1853, I, 347 cf. 366 & HI, 265) 
is doubtless somewhat too enthusiastic, but Lyman C. Draper's interest- 
ing and elaborate paper on Autographs of Signers, &c., says "Mr. Teftt 
seems to have been the precursor in the collection of autographs in this 
country." Collections of the State Hist. Soc. of Wisconsin, X, 376, (1888 
and reprinted 1909) and Draper has many other references to him and 
also to C. C. Jones, Jr., cf. index. I have just received the "revised and en- 
larged ed. N. Y. 1889" of Draper's paper. Sam. Oilman's chattj^ account 
of tlie Tefft autographs appeared originally in his Charleston periodical 
"The Rose," April 18, 1835, and June 10-July 8, 1837, was appended to his 
wife Caroline G's Poetry of Travelling, 1838, and then reprinted in his 
"Contributions to Lit." Etc. 1856 (p. 547 of this vol. contains G's poem 
"Fair Harvard" 1836) with the statement that Tefft had meanwhile se- 
cured specimens of the 17 Signers previously named as lacking. Wm. 
Brotherhead's Book of the Signers 1861 p. 103f. gives full facsimile of 
Tefft's John Adams's letter to Polly Palmer, July 5, 1776, now in the Hist. 
Society of Pa., Dreer collection. 

Tefft's complete set of Signers is No. 1794 of the "Catalogue of the 
entire collection of autographs of the late Mr. I. K. Tefft, of Savannah, 
Ga. . _ to be sold by auction _ _ _ March 4th &c, 1867 _ _ _ cat. pre- 
pared by Chas. F. Fisher, of Phila. Leavitt, Strebeigh & Co., N. Y., 2630 
lots. The Catalogue contains a prefatory letter from Tefft's friend 
Wm. Gilmore Simms date, Oct. 3, 1S66, pp. 1-4. Our copy of the catalogue 
priced in ink from that of Simon Gratz notes simply: Bought by N. Y- 
State Library, $625, but Draper's paper (pp. 378,430) says that A. W. 
Griswold bought it from Tefft's widow in 1865 for $625 and that E. 
French later sold it to the N. Y. State Library for $800. a strange con- 
tradiction. Perhaps the Gratz copy of the cat. merely undertook to record 
the auction price and the latest owner. But prefatory pp. (3) and 15 of the 
printed cat. seem to exclude entirely the possibility of any such sale 
before the auction. Draper's essay revised 1889, p. 13. explains that 
Griswold bought an incomplete set from Tefft's widow in 1865, and that 
French bouglit the complete set at the 1867 sale for $625. 

(7) A. A. Smets (1795-1S62) born in Malines, Belgium, had come to 
Savannah in Nov. ISIO. His house is now occupied by the Harmonle 
(Hebrew) Club. There is a lengthy account of the Smets library by Wm. 




THE GEORGIA HISTORICAL QUARTERLY 



67 



changed it to George Wymberley Jones, and then on January 
12, 1866 ^^' by order of the Superior Court of Chatham County 
added "DeRenne," as a translation of Van Deren, to his own 
name and that of his family. His mother's mother was Letitia 
Van Deren, of Wissahickon, near Philadelphia, Pa. As son 
of Dr. George Jones, Judge and U. S. Senator, grandson of Dr. 
Noble Wymberley Jones, Speaker of the Ga. Legislature and del- 
egate to the Continental Congress, and great-grandson of Noble 
Jones, the companion of Oglethorpe and later Chief Justice in 



B. Stevens in The MagTiolia, or Southern Monthly by P. C. Pendleton for 
July. Aug., Sept. and Oct.. 1841 (Vol. III. Sav. 1841.) cf. Southern Literary 
Messenger for Oct. -Nov. 1851, and DeBow's Review for July 1852 pp. 97-98 
with poitrait, and A Southern Library, a Statement read before the N. 
Engl. Hist. Geneal Soc, Oct. 5, 1859 from notes of a recent journey (writ- 
ten by Re^^ Joseph A. Copp.) pp. 4 (Boston, 1859.) also a short notice by 

C. C. Jones. Jr., on pp. 42-44 of the same vol. that contains his memoir 
of Tefft. Smets compiled a little "Catalogue Raisonne of Curious Manu- 
scripts. Early Printed and other Rare Books; composing Part of the 
Librarv of Mr. A. A. Smets. Printed for Private Circulation. Savannah: 
John M. Cooper & Co., I860" pp. 104. The whole of the Smets collec- 
tion fills t%vo separate auction catalogues, also of Leavitt, Strebeigh & Co., 
N. Y., 1S6S— the "Cat. of the Private Library of the late A. A. Smets" 
auction _ . _ May 25th, &c., includes the books and the early illuminated 
MSS., Etc. (2468 lots in all), while the "Cat. of the private Collection of 
Autographs _ _ _ auction . June 1st" (no year date on title-page) con- 
tains only 435 lots, but lot 307 alone consists of 2,069 autographs bound In 
31 vols, collected thus by the learned English antiquary Wm. Upoott (1779- 
1845) and bought thus bound at the London Upcott sale in 1846. 

Mr. T\'illiam Loring Andrews, the most discriminating of American 
bibliophiles, i^urchased several of the choicest lots at the Smets sale. 
Including a beautiful 15th century illuminated Missal on vellum, bound 
In velvet dot No. 1465, 5250, cf. Cat. Rais. 1860 p. 9) which h'e recently 
showed me. and also Higden's Polychronicon lot No. 1812 $250 cf. Cat. 
Rais, 1S60. p. 25) printed at Westminister in 1482 by William Caxton, who 
had resisej Trevisa's iranslation and also added a continuation of liis 
own, this leing the only originnl v.oik of any length from Caxton's own 
pen now known. This copy bearing Smets' name and date: Savannah, 
May 28, 1S36. was part of a collection of "Early Books" formed by Mr. 
Andrews to illustrate the first century of printing, and then presented en- 
tire to Yale University in 1894. Accordingly it is carefully described in 
the admirable Catalogue of that Collection, compiled by our Corresp. 
Member, Dr. Addison Van Name (New Haven, 1913. 300 copies, pp. 34-38.) 
Seymour de Ricci's laborious "Census of Caxton's (Bibliogr. Soc. London, 
1909) duly records the Smets Higden as appearing in both the 1860 and 
1868 cats., and Dr. Van Name notes his mistake in thinking it perhaps 
identical with the Wm. Menzies copy sold at auction N. Y., Nov. 1876 No. 926. 
Evidently botli de Ricci and Van Name were puzzled by varying descrip- 
tions. But Mr. Andrews explained the matter to me very simply — he gave 
to Menzies several leaves from the Smets copy before having it rebound by 
Bedford. Even after this the Menzies copy remained in^complete as is the 
case with almost all those now known. The latest description of Cax- 
ton's Hidden is in E. Gordon Duff's invaluable "Fifteenth Century Eng- 
lish Books, a Bibliography," Oxford 1917 No. 172 (Bibliograph Soc. Illus- 
trated monographs No. 18.) 

(8) His name still appears as "Geo. Wymberley Jones," as owner of 
the originals of the frontispieces of Oglethorpe and N'. W. Jones in C. C. 
Jones' History of Ga.. 1883, because old plates were used unchanged. 
The former had been contributed to Stevens's Hist, of Ga. I (N. Y. 1847) 
cf. its Preface p. xiii. The latter was later repeated in "Men of Mark in 
Georgia" ed. W. J. Northen, &c. (Atlanta, 1907) p. 208, to accompany a 
reprint (from Jones' 1891 book) of C. C. Jones' biographical sketch of 
N. W. Jones, preceded by a new similar sketch of Noble Jones writ- 
ten by the late Mr. W. J. DeRenne, pp. 195-207. 



y 



68 



THE GEORGIA HISTORICAL QUARTERLY 



Savannah, Dr. George Wymberley Jones was deeply inter- 
ested in everything concerning this State. He spent his child- 
hood at "Wormsloe," the beautiful estate which had been 
granted to Noble Jones soon after Oglethorpe first landed, and 
then, after attending school in Philadelphia and New York, 
graduated A. B. at the University of Pennsylvania, July 3, 
1845. Later he took his M. A., July 3, 1848, and M. D., April 
8, 1848, there also, but he was back at Wormsloe before that, 
and had begun collecting with such success that the 1847 first 
volume of Stevens's History of Georgia (p. xiii) thanks him as 
already "a young but ardent lover of historic lore, and whose 
library is more complete in works relating to Georgia than 
any private collection I have met with." 

In 1847 also he started the series of "Wormsloe Quartos" 
(actually privately printed in Philadelphia, nofa^ Wormsloe, as 
is so often assumed, since no printer is named) which made 
accessible to a very limited circle historical material of real 
value, e. g. DeBrahm's History of the Province of Georgia, 
Wormsloe 1849, above quoted. Two "Wormsloe" books are 
of considerable literary interest, "Journal and Letters of EHza 
Lucas, 1850," 19 copies, not even mentioned in Mrs. St. Julian 
Ravenel's charming biography of her as Eliza Pinckney (N. Y. 
1896), and the octavo ^9^ "A Bachelor's Reverie, in three 



(9) It, too, is printed in "fours," but is "royal octavo"' in size (10 l-8x 
6 7-16 inclies.) The Wormsloe Quartos are: 

I. Observations upon the effect of certain late political suggestions. 
By the Delegates of Georgia. FTinted in the year 17S1. W^ormsloe 1847. 
21 (or really 22) copies only (printed by C. Sherman, Philadelphia.) 
Printed from the pamphlet in the Library Co. of Phila.. then supposed 
unique, but we now have the C. C. Jones. Jr., copy here. I found the 
original MS. among the Emmet Mss. (Calendar No. 1662.) The Worms- 
loe reprint was reprinted almost entire in Geo. White's Hist. Collections 
of Ga. (1S54 and 1S.55) pp. 106-110. 

II. History of the Province of Georgia with (6) maps of original sur- 
veys by John Gerar William DeBrahm. Wormsloe 1849. 49 copies (printed 
by C. Sherman.) Printed from the Harvard MS. "Hist, of the three prov- 
inces of So. Ca., Ga.. and East Florida." 

III. Journal and letters of Eliza Lucas. Now first printed. Worms- 
loe 1850. 19 copies i printed bv C. Slierman.) Contents dated July 1. 
1T39-Feb. 27, 1762. Ed. by Mrs. Harriott Pinckney Holbrook. Eliza Lucas 
married Chief Justice Charles Pinckney in 1744, and became the mother of 
General Chas. C. and Thos. Pinckney. 

IV. Diarv of Winthrop Sargent during the campaign of 17S1. Worms- 
loe 1851, 46 copies (printed by C. Sherman.) On St. Clair Expedition, 
hitherto unprinted. 

v. Acts passed bv the General Assembly of the Colony of Georgia 
1T55 to 1774. Now first printed. Wormsloe 1881, 49 copies (folio) (printed 



THE GEORGIA HISTORICAL QUARTERLY 



— iwujj 



parts. . . by Ik: ]\Iarvel. Wormsloe, 1850," 12 copies, reprinted 
by permission of Donald G. Mitchell from the Southern Liter- 
ary Messenger for September, 1849, which thus constitutes the 
first book edition of this famous and charming book, and ex- 
plains the rather vague statement in the author's New Preface 
for the edition of 1884 (p. xvi) — "This (first) paper had been 
received with much approval and indeed had come at about 
this time to the honor of a private printing, in elegant quarto 
form, and an edition of twelve copies, by a curious bibliophile 
and (I trust) worthy gentleman then living at Savannah, Ga." 

Unfortunately Mr. DeRenne's valuable library and manu- 
scripts were entirely destroyed by Sherman's troops, ('°) 
but, nothing daunted, he began again, and was preparing a 

by T. K. Collins. Phila.) Ed. by Jones after death of G. W. J. DeRenne 
who had obtained the materials from the Public Record Office. London. 

VI. Journal of the Transactions of the Trustees for Establishingr the 
Colony of Georgia in America, by the Rt. Hon. John, Earl of Egmont, Vise. 
Perceval _ _ . Xow first printed. V\"ormsloe 1S86, 49 copies (printed at 
the Riverside Press. Cambridge, Mass.) Ed. by C. C. Jones, Jr., from 
the MS. so!d at the Henry Stevens sale at Sotheby's, July 1S81, No. 239 
and then presented to the State of Ga., by J. S. Morgan. That MS. -was 
printed entire as vol. V, 190S of the Qa. Colonial Records, published by 
the State. The Wormsloe Ed. included all the text (entries June 14, 1738 
to June 6, 1744) but omitted the index to the lost MS. covering June, 
1737. to June 173S. On the recent discovery of the Earl of Egmont's 
private diary covering: the previous period cf Dr. Ben.i. Rand in the 
N. Y. Nation of Jan. 28. 1915. Mr. R. A, Roberts is now editing the diary 
for the English Historical MSS. Commission. Vol. I, ending with 1733, has 
been printed but not published 

Just after the first Quarto, as appears from the original bill, Sherman 
printed also an octavo Theory concerning the Nature of Insanity by 
George "\\'ymberley-Jones. T\'ormsloe 1847, 48 copies. (A copy was re- 
cently presented to the Surgeon General's Office U. S. A., Washington.) 
This is rather metaphysical and not the author's medical "graduation 
thesis" as stated in Jones' Anniversary Address before the G. H. S., ISSl, 
p. 24. On the other hand the American Journal of the Medical Sciences 
(Ed. Hays. Phila.) for Oct. 1S48, contains (pp. 308-310) observations by G. 
W. J., on the endosmotic theory of catharsis "Extracted from an In- 
augural dis-^ertation for the degree of M. D." 

He was also th.e author of an anonymous and very acrid pamphlet 
"Observations on Doctor Stevens's History of Georgia, Savannah: 1849." 
which Sabin's Diet. &c.. vol. 9 (1S77) No. 36505 calls: "A severe and 
able criticism. Pri\ately printed at Philadelphia. One hundred copies on 
fine and five on large paper. Intended to be added to the Wormsloe pub- 
lications." Probably it too was printed by Sherman. 

do) Cf. a letter from G. W. J. DeRenne to C. C. Jones, Jr., in the 
latter's extra-illu?trated copy of DeBrahm (now here) dated merely 
"Philadelphia. :March 31st" probably about 1874): 

"The autograph of Button Gwinnett is the rarest of the Signers' I am 
told. There was among my papers a very fine one which I gave to Mr. 
Tefft for his collirction man^- years ago. If you could trace the fate of his 
autoRraphs, it might be possible to get it from among them. The de- 
slructinu of my papers during the war has finished another old storehouse 
of oddities — and certainly made autographs of Georgians rarer — 
Gwinnett's. I think, among the number. Thus the chances are steadily 
decreasing — and. though always small, are now less than ever." Similarly 
he wrote on May 31st, ISSO, shortly before his death, to Geo. H. Moore, 
the Lenox Librarian, "in consequence of the destruction of my library 
and papers by Sherman's troops in 1864" his own library copies of the 



70 



THE GEORGIA HISTORICAL QUARTERLY 



Wormsloe volume of unprinted Georgia Colonial Acts when 
he died. His books relating to Georgia were bequeathed by 
his son, Everard to the State of Georgia. (") His Wormsloe 
Quartos were continued (Colonial Acts 1881, and Egmont's 
Journal 1886) by his widow, ('^) with the assistance of Col. 
Charles C. Jones, Jr., whose various works Mr. DeRenne and 
his wife had materially aided in every possible way. 

Mr. DeRenne was President of this Society 1873-4; through 
him the Society secured the transcripts of the letters of Ogle- 
thorpe and Gov. Wright for the third volume, 1873, of our 
Collections ; and he generously presented to the Society Col. 
Jones's "Dead Towns of Georgia" and the anonymous "Itiner- 
ant Observations in America," reprinted from the London 
Magazine 1745-6, as bound together to form volume IV, 1878, 
of our Collections, though also issued separately. 

Wormsloe books were lost and he could not give definite data about 
them. There is no record of the Mss., thus lost forever, but an Inter- 
esting note book lettered on the back: "Miscellanea Georgiana. G. F. T. 
Jones," contains a manuscript — "Catalogue of books George Wymber- 
ley Jones Wormsloe, 1S54-61" in his own neat handwriting. In- 
cluding at least one title "An account of the remarkable conversion of 
Jachiel Heishel from the Jewish to the Christian Religion, &c., 8 vo. 
pp. 32., Savannah 1770," otherwise quite unknown. This entry Is there- 
fore no doubt the source of the same title in the list of wants 'appended 
to our 1911 Catalogue, p. 264 (reading: Zachial. ) 

The above MS. Catalogue has this note: "This cat. contains about 
1250 vols, costing about S3500. I had besides a number of other books, 
and engravings, not mentioned in it — in all, I believe, about 1300 vols, 
worth about $3700. Most of them were lost by the sack of Habersham's 
store at the capture of Savannah, Dec. 21, 1864 — and by the fire at Oak- 
lands, Jefferson Co., Ga., April 25, 1865. ' 

In May 1911, Dr. Samuel A. Green, the famous Librarian of the Mass. 
Hist. Society, kindly presented to the late Mr. W. J. DeRenne a copy of 
Dr. Wm. Douglass's Summary &c., of the First Planting of the 
British Settlements in North America (London, reprinted 1755) both vols., 
of which bear the armorial book-plate and engraved name of "Geo. 
Wymberley Jones of Wormsloe." Dr. Green's letter of May 27, 1911. 
states that the work "wa? given to me in Richmond soon after the fall 
of that city in the spring of 1865. I thought then, as I still think, that jt 
was 'looted' — taken from a private library during the war." Mr. DeRenne's 
letter of thanks stated that this was then the only book from his father's 
ante-bellum library 'in his possession. 

(n) Cf. the pamphlet "The DeRenne Gift communication from the 
State Librarian, John Milledge, Atlanta, G. W. Harrison, State Printer, 
1894. Unfortunately many of these books disappeared not very long after 
the pamphlet appeared. 

(i2) The large and very interesting "Mary DeRenne. of Georgia, Col- 
lection" relating to the Confederacy, in the Ga. Room of the Confederate 
Museum at Richmond, was formed by her, and bequeathed to the Museurn 
by her son Everard. It is listed in the 1S98 Cat. of the Museum, and 
then, of course, is included in D. S. Freeman's elaborate 'Calendar of 
Confed. Corresp., &c., published by the Museum in 1908. The hand- 
some illustrated volume "Robert Edward Lee, an Oration pronounced at 
the Unveiling of the Recunibert Figure at Lexington, Virginia, June 2Sth, 
1883, by John Warwick Daniel. Savannah, Ga., 1833," was as stated In Its 
colophon, privately printed for Mrs. DeRenne, 100 copies, (probably printed 
by T. K. Collins of Phila.) 



""wur]] 



THE GEORGIA HISTORICAL QUARTERLY 



71 



The authorship of these interesting "Itinerant Observa- 
tions" seems to have hitherto remained an unsolved problem, 
not even a suggestion having been hazarded, but I have now 
at last succeeded in discovering definitely that they were in 
fact written by Edward Kimber (1719-1769), novelist and 
compiler, <'^* son of the Rev. Isaac Kimber (1692-1755) a 
learned Baptist minister who had conducted the London 
Morning Chronicle, 1728-32. Edward Kimber also wrote the 
rare pamphlet (of which the late Mr. DeRenne bought a copy 
in 191 1) defending Oglethorpe, entitled: "A Relation, or Jour- 
nal, of a late Expedition to the Gates of St. Augustine, on 
Florida : Conducted by the Hon. General James Oglethorpe, 
with a Detachment of his Regiment, &c., from Georgia. In a 
Letter to the Reverend Mr. Isaac K — r, in London. By a Gen- 
tleman, Voluntier in the said Expedition, London: Printed for 
T. Astley _ _ 1744" signed at the end : "G. L. Campbell v. E. K." 
Hitherto everyone (even including the British Museum Cata- 
logue) seems to have considered Campbell as the author's real 
name, and paid no attention to the "v. E. K." i. e. vice Edward 
Kimber, which shows that it was a mere alias. 

Charles Colcock Jones, Jr., a native of Savannah, is so well 
known as an historical and antiquarian writer, as scholarly as 
he was prolific and versatile, that nothing more need be said 
of him here as an author. But it is by no means so widely 
known that he was also a really great collector. Besides two 
fine and extensive collections of Indian relics, he gathered 

(13) Tlie London Magazine expressly stated, 1746, Dec, p. 624 (or p. 64 
of the G. H. S. reprint of tlie Itin. Obser\-.) that the It. Observ. were writ- 
ten by tlie author of the Relation or . _ Expedition to St. Augustine _ _ 

1744 (printed for the publisher of the London Mag.) and then the name 
"Rev. Isaac K — r in London" on its title suggested to me Isaac Kimber 
who had a son Edward corresponding to the ending of the pamphlet (p. 36) 

"Tho' you have lost, for a Time, your dear E K r, yet you 

may ever expect the same tender, requisite and due Regards from him, 
who tho' in Name different, in Sentiment will always be like him; and 
to you, to whom I owe all I am or possess in my Mind. Ever most 
dutiful, obedient and affectionate G. L. Campbell, v. E. K." which I ac- 
cordingly took to mean that G. L. C. had in name taken the place of 
Edward Kimber. Now the London Magazine, 1746, Nov., p. 573 (our re- 
print p. 53 1 says that the author of the It. Observ. had contributed to 
it as "Americus, Cynicus, Cimber & Historicus." His "Historicus" con- 
trib. 1746, Aug.. Oct. and Nov., is duly noted in the printed index to the 
volume thus: "History, some Remarks on it, by Mr. Edward Kimber 
415, 515, 565-r6S, other Pieces by him. 125-128, 248, 321-330, 572, 573. Con- 
clusion of his Observations in America 620-624," which thus settles the 
whole question definitely. I am trying to find out more about Kimber. 



d 



72 



THE GEORGIA HISTORICAL QUARTERLY 



with extraordinary diligence and judgment a very large num- 
ber of really valuable historical manuscripts (including a 
complete set of autographs of the Signers of the Declaration 
of Independence), '-''*'> and engravings and books. Many of his 
own works and other selected volumes (some 200 in all) he 
than extra-illustrated so very skilfully as to deserve only the 
highest praise even from those who in general disapprove of 
a practice usually carried out in a very mechanical and com- 
monplace way. Col. Jones was a real bibliophile in the best 
sense of the word. It is of course a pity that his fine library 
could not have been kept intact just as he left it, but most of 
his chief treasures are still in the possession of his son and 
daughter in his house in Augusta, or in the DeRenne Library, 
which has a special collection of his numerous writings, in- 
cluding now also an interesting paper on an Indian "Canoe in 
Savannah-River Swamp" ^'5) not even mentioned in his own 
or his son's elaborate lists. 

THE WYMBERLEY JONES DERENNE GEORGIA 
LIBRARY, at Wormsloe, is named after its Founder, the 
eldest child of George ^^'ymberley Jones DeRenne, above 
mentioned. Born at Newport, R. I., Sept. 23, 1853, he was 
educated at Newport, ^lontpelier, France, \'evey, Switzer- 
land, attended the Universities of Leipzig and Strassburg, 
1871-74, made a tour of the world, graduated LL. B., at 
Columbia University, N. Y., married in Philadelphia, ran a 
cattle-ranch in Texas, lived in Biarritz, France, and then re- 
turned to Savannah and Wormsloe in 1891, with his wife and 
three children. Very soon after he reached Wormsloe in 1S91 
he determined to follow the example set by his father and 
collect documents relating to Georgia and its history. With 




(14) Part of his Indian Collection is now in the Am. Museum of Natu- 
ral History, N. Y. City. The autographs (the set of Signers being sep- 
arated into different lots) and the engraved portraits and views were 
sold by auction in 1S94 cf. above. 

(15) The Canoe Paper is in the Journal of the Anthropological Institute 
of N. Y., vol. 1 No. 1. N. Y.. ■V\'estermann & Co.. ■•1S71-72" pp. 6'?-'''-_,v, = 
list of Jones's writings in A. H. A. A. R. for 1SS9, pp. 287-293 and by Chas. 
Edgeworth Jones, his son, in Gulf States Hist. Mag. for March, 1903, sud- 
stantially reproducing pp. 5S5-594 of the Hist, of Savannah, Ga., by C. ^^ 
Jones, Jr., O. F. Vedder & F. Weldon, SiTacuse. X. Y., 1890, there re- 
printed from John B. Alden's Literary Portraits, X. Y. 18S9, taken from 
his weekly "Literature" for Feb. 9, 1889, K Y." 







THE GEORGIA HISTORICAL QUARTERLY 



73 



characteristically intense energy and persistance and with rare 
judgment also he devoted himself to this self-imposed under- 
taking, and he kept at it until his death on June 23, 1916. The 
first book he thus bought was McCall's rare History of Geor- 
gia (1811-16) and during his last illness he succeeded in se- 
curing a magnificent copy of the London 1766 volume of 
Charters of all the American Colonies. He bequeathed the 
Library to his only son Wymberley W. DeRenne (now 
Lieutenant in the Army) who has since done everything possi- 
ble to keep it up as his father would have wished. 

Mr. DeRenne was a very strong and striking personality, 
and his friends still miss him sorely. As regards the Library 
however, he tried to keep himself in the background, just as 
he was extremely reluctant to appear in print, ''^' for he wished 
his really wonderful collection to speak for itself. But I must 
now speak for it to those who cannot see it themselves. 

The dignified fire-proof Library building, erected in 1907, 
facing the water, among the moss covered live-oaks of Worms- 
loe, is externally classic in appearance, and internally ^'7) very 
handsomely and tastefully fitted up in every particular. The 
building is oblong in shape, a large open fire-place, facing the 
door, and three large folding double windows on each side. 
Just inside the door is a bronze model of the Confederate 
Soldier, presented by G. W. J. DeRenne to top the monument 
in the Savannah Park Extension. 

Yet this noble building is merely a casket for the wonder- 
ful treasures it contains. The original vellum manuscript of the 
Confederate Permanent Constitution, with the signatures of all 

(i6) He seems to have published nothing except the 1905 catalogue of 
his Library (merely intended to show that he was collecting in earnest and 
really buying — as he told me himself), the sketch of Noble Jones above men- 
tioned, a two-page prefatory note to the 1907 edition (which he con- 
sidered not a success) of our MS. of Lumpkin's account of the Removal of 
the Cherokees from Georgia, and then in 1909 the privately printed "ShDrt 
History of the Confederate Constitutions of the Confederate States of Am.. 
ISfil-lSnS" (150 copies) which quotes from: 1. Jeff Davis' Rise and Fall, 
&-C.. I. 229: Thos. R. R. Cobb's private MS. notes on the Confed. Const., 
jotted down at the time, as printed bv A. L. Hull in Publications of the 
Southern History .Association for Sept. 1905 (IX, 286) and chiefly F. G. de- 
Fontaine's anon, article "Two Relics of the War" in the N. Y. Sun of 
March 26, 1SS3. page 3, column 3, as I have finally discovered. 

d") Cf. frontispice to our 1911 Catalogue. The much smaller but simi- 
lar view illustrating the present paper is repeated from G. H. S. Annals 
1915, p. 11. 






;. I 



74 



THE GEORGIA HISTORICAL QUARTERLY 



the delegates, is kept in the vault of a bank in Savannah, but 
the Library contains all the original confidential letters and 
telegrams from Gen. Lee to Pres. Davis, and many other 
valuable Confederate MSS., including the original autograph 
signed of Sherman's famous reply to the Mayor of Atlanta as 
to removing civilians from the city. ('*) We have also, for 
instance, one of the rare broadsides printed on satin, at 
Augusta, of the Ordinance of Secession of the Republic of 
Georgia, passed Jan. 19th, 1861. In connection with all these 
there is a very good collection of books relating to the gen- 
eral government of the Confederacy, and a careful selection 
of the most important and interesting works on the Civil War, 
some of which refer to Georgia and Georgia troops only inci- 
dentally. 

With the exception of this Confederate selection the Li- 
brary contains only material relating to Georgia. 

Among the Georgia Manuscripts must be mentioned im- 
portant original letters and reports 1741-43 from Harman 
Verelst, Accountant of the Ga. Trustees and also Oglethorpe's 
private agent, addressed to the Earl of Wilmington, the Duke 
of Newcastle, the Commissioners of the Treasury, &c.. Gov. 
Wright's original detailed reply, dated Feb. 15, 1762, to vari- 
ous questions addressed to him by the Lords of Trade (reed. 
Oct. 1st, 1761) ; Gen. Benjamin Lincoln's original Order Book 
covering the unsuccessful siege of Savannah in Sept.-Oct.. 
1779; the original anonymous French manuscript Journal of 
that Siege, ('9) of which Col. Jones published a translation in 
1874 (dedicated to this Society) ; a large mass of Gen. Nathan- 
ael Greene's Revolutionary correspondence, besides innumer- 
able other letters written by prominent men, many being of 
great interest. They cover the whole period of Georgia his- 

(18) The MS. of the Confed. Constitution was bought by Mrs. G. W. J. 
DeRenne, July 4. 18S3. from Geo. T. Hanning. acting for F. G. deFontaine. 
In Xov. 1897 deFontaine sold the vol. of Opinions of the Attorneys Gen- 
eral C. S. A., Apr. lS61-March 1865 to the N. Y. Public Library which 
printed extracts in its Bulletin for Dec. 1S97, and June and Oct. 1S9S. A 
facsmile of the signatures is in the 1905 and 1911 cats, of the Librarj-, and 
also in Mr. DeRenne's Hist, of the Confed. Const. Lee's Dispatches. ^etc.. 
to Pres. Davis have been admirably edited by Douglas S. Freeman. X. !•■ 
Putnam. 1915. Sherman's letter to the Mayor of Atlanta is printed in his 
Memoirs, II, 126f. (X. T.. 1875). in the Official Record serial number <S, 
p. 417f, and alreadv in a Campaign pamphlet of 1864, which we have. 

(19) Cf. illustr. of the French MS. Journal in the 1911 Cat. p. 203. 



'"'".miK'Bj 



THE GEORGIA HISTORICAL QUARTERLY 



75 



IS&' 



tory, but few are later than the Civil War. However, as 
these letters have never been calendared they cannot yet be 
used to advantage. 

The numerous Engravings include, for instance: Peter 
Gordon's large View of Savannah as it stood the 29th of 
March, 1734, of which Washington owned a copy, though very 
few others can be located today; Faber's handsome large 
mezzotint after Verelst's lost portrait of Tomochichi and his 
nephew, painted from life, while they were in England with 
Oglethorpe in 1734; and a unique, quaint copper-plate engraving 
by an otherwise unknown "J. W. B." entitled : "The Georgia 
Militia under Gen. Floyd attacking the Creek Indians at Au- 
tossee— Nov. 29th, 1813." (^) 

There is a fine collection of Maps, now all definitely 
identified, and arranged chronologically, beginning long be- 
fore Georgia was founded. Some manuscript maps are par- 
ticularly interesting, but many others are very important and 
almost equally rare. We have now (recently acquired) the 
Georgia sheet (No. 10) of Henry Popple's semi-official atlas 
"Map of the British Empire in America" (1732), John 
Mitchell's very large four-sheet map of the British and French 
Dominions in North America (Amsterdam 1755), Wm. Fa- 
den's North America 1783, with printed border-text (the only 
other such copy known being in England, in private posses- 
sion), and. far more interesting still, what is perhaps the only 
copy in existence (except one in the British Museum) of 
the first map of Georgia as such in the first official publica- 
tion of the Georgia Trustees, namely an "earlier state" of the 
map later published in Samuel Smith's Sermon before the 
If,. Georgia Trustees and also in Benj. Martyn's Reasons for Es- 

(20) Savannah in 1734 — the framed Lenox copy is now in the N. T. 
Public Library. On Washington's copy cf. Griffin & Lane's Cat. of the 
Washington Collection in the Boston Athenaeum 1897, p. 562f. The note 
In Winsor V, 369 makes no distinction between the original engraving and 
a lithograph made from the British Museum copy about 1875, for G. W. J. 
DeRenne. 

Tomochici portrait — Jones, Hist, of Ga. I, 134 uses the crude Augsburg 
lithograph by Kleinschmidt from Urlsperger's Salzburger Nachrichten in- 
stead of Faber's mezzotint from which it was taken. 

Floyd engraving — this is the E. B. Holden copy (sale of Apr.-May 1910, 
No. 3827) described in D. M. Stauffer's Am. Engravers II, 49, No. 285 
(Grolier Club 1907.) 



J 






76 



THE GEORGIA HISTORICAL QUARTERLY 



lablishing the Colony of Georgia (both of these "London 
1733") ^^') This eadier state showing inscriptions subse- 
quently erased from the copper-plate before the later impres- 
sions, occurs in a folio "Some Account of the Designs of the 
Trustees for Establishing the Colony of Georgia in America" 
(4 pp. folio — this copy bought by the late Mr. DeRenne in 
191 1 from Luther S. Livingston) which, as just stated, is 
apparently the very first separate official publication of the 
Georgia Trustees, though it was later reprinted and appended 
to Samuel Smith's Sermon (preached Feb. 23, 1730-31, but 
not printed until 1733) as mentioned. 

Now I must mention some of the most interesting of the 
Books, and, except where the contrary is expressly stated, 
those mentioned before the bibliographies were all bought by 
the late Mr. W. J. DeRenne, though some of them came too 
late for the 191 1 Catalogue. 

The early publications relating to Georgia are arranged on 
the shelves chronologically. Very few of importance are lack- 
ing, and most of those lacking are represented by complete 
photographic reproductions, which for many purposes are as 
good as the originals, though a bibliophile is reluctant to admit 
this practical fact ! 

Let us begin with the only knoivn copy of a pamphlet 
entitled : "Description Abregee De I'Etat present de la Caro- 
line Meridionale, nouvelle edition, Avec des Eclaircissemens 
(not in the first edition) A Neufchatel." (1732), signed at the 
end "Jean Pierre Purr}'," and thus being the long lost publica- 
tion by the Swiss founder of Purrysburg which Oglethorpe 
so often cites as an authority in his well known anonymous 
tract "A New and Accurate Account of the Provinces of South 
Carolina and Georgia/' of which we have now the original issue, 
dated, London 1732, as well as that of 1733 (identical, except the 
title page) reprinted in the first volume of our Society's Col- 

(21) Faden's 1TS3 map -n-ith border text in possession of Col. Dudley A. 
Mills of Drokes, Beaulieu, Hants, England, Cf. his article in the United 
Empire for Oct. 1911. 

The Smith-Martyn map is reproduced in Winsor V, 365. 



THE GEORGIA HISTORICAL QUARTERLY 



77 



lections, 1840. We have the C. C. Jones copy, including the 
extremely rare third volume, (^^) of W'm. Stephen's Journal of 
the Proceedings in Georgia, London 1742, and also the Jones 
copy, the only one now known, except that in the Leiter 
Library of the folio "Journal of the Congress of the 
Four Southern Governors, and the Superintendent of 
that District, with the Five Nations of Indians, at Au- 
gusta, 1763, (Oct. -Nov.) — Charles-Town: Printed by Peter 
Timothy, 1764, (only 50 copies printed) ^^3) "of which Jones 
gives an abstract in his History of Ga. (11,41-46), for it was 
a very important congress ordered by Sir Chas. Wyndham, 
second Earl of Egremont, as British Secretary of State for 
the Southern Department, in connection with the then recent 
annexation to Georgia of the lands between the rivers Altama- 
ha and St. !Mary, and the establishment of the separate gov- 
ernments of East and West Florida. Our copy of the little 
pamphlet "Account of the Siege of Savannah, by the French and 
Rebels, Commanded by Count D'Estaing and General Lincoln, 
together with Sundry other Matters which happened prior and 
subsequently thereto, chiefly extracted from The Royal Georgia 
Gazette. Savannah: Printed by James Johnston, 1780." ^^^ 
is apparently also unique, and is the more valuable as the 
original Savannah newspapers from which it was extracted 
seem to have almost all disappeared, though we have nine 
unique numbers of Nov. 1779-Jan. 1780. ^^'^^ 

Col. Jones felt sure that his copy of the original edition of 
T. U. P. Charlton's Life of Gen. James Jackson, Augusta, 1809, 

(22') The 190S Supplement to Ga. Colonial Records R^ consists of a re- 
print from our copy of Vol. III. covering Oct. 5. 1740-Oct. 28, 1741. The Earl 
of Kpmont's copy is in the John Carter Brown Library, the Ebeling copy 
at Harvard, and the Tefft copy in our Society's library, there is another 
In the Advocate's Library, Edinburgh; but the incomplete Elzas copy (A 
H. A. A. R. for 1907. I. 167n.) was recentiv destroyed by fire in New 
Yoik. 

'-'.?) The Journal (p. 43) records an order that 50 copies of it be printed 
Cf. C. C. Jones. Jr.. and Butcher's Memorial Hist, of Augusta, 1890, pp. 
<4f. and Stevens. Hist. Ga. II. 26-29. Our copy is described in H. F. De Puy's 
rtililiosT. of Ensrl. Colonial Treaties with the Am. Indians (K. Y. Lenox 
Cliili 1017) p. 48 from an abstract sent him. He also reproduces the illustr. 
from our 1911 Cat. p. 218. Cf. Leiter cat. p. 113. 

(-4) Cf. illustr. in our 1911 Cat. p. 208. 

f^.O Namelv Xos. 39-43 and 45-48 for Nov. 23. Dec. 2. 9. 16, 23, 1779 and 
Jan. fi. 13, 20, 27, 1780— all not in C. S. Brigham's very useful list of early 
Am. Newspapers in Proceedings of the Am. Antique Soc. for Oct. 1913. 




, 




78 



THE GEORGIA HISTORICAL QUARTERLY 



was the only one in existence. '-^ We now have one too (re- 
cent acquisition). Gov. Gilmer's "Georgians" or more cor-, 
rectly "Sketches of some of the First Settlers of Upper Geor- 
gia, of the Cherokees and the Author. N. Y. 1855" is now re- 
garded as quite a rare book. We have the author's own copy, 
with his very numerous alterations and corrections in his own 
handwriting, intended for use in any future edition. Dr. U. B. 
Phillips in his admirable Life of Robert Toombs, 1913 (p.i55f.) 
calls attention to the fact that the substance of his famous Slav- 
ery lecture in Tremont Temple, Boston, on Jan. 24, 1856, (^) 
was already contained in "An Oration delivered before the Few 
and Phi Gamma Societies of Emory College, at Oxford, Ga., 
July (20th) — Augusta 1853," and Phillips quotes from this 
since it is now so rare that he knew of no copy except that in 
the Boston Public Library. We now have one, and also a MS. 
letter from Toombs as to arrangements for the Tremont Tem- 
ple lecture, stating that he wished the "hundred dollars com- 
pensation" to be devoted to "relieving foreign emigrants who 
may land at Boston." (both recent acquisitions). 

The first printed Georgia drama may well have been "The 
Mysterious Father ; a tragedy, in five acts by William B. Max- 
well. Savannah Printed by Everitt &, Evans 1807. "and 

we have what seems to be the only copy of it left. Perhaps 
its title was suggested by Horace Walpole's startling tragedy, 
"The Mysterious IMother." Though the unauthorized North- 
ern reprints of Judge Longstreet's famous anonymous "Geor- 
gia Scenes" are so common, not many people have ever seen 
the original edition, Augusta 1835. The son and daughter 
of Col. Jones generously presented their father's copy, contain- 
ing an autograph letter of the author, to the late Mr. DeRenne 

(26) Jones's copy is now in private possession in Atlanta. From U 
Meegan's undated reprint of 250 copies was made in 1896. But Sabln"! 
Diet. Ill (1870) No. 12152 had already recorded the Boston Athenaeum copy 
and now I have found another in the Charleston Library Society. Our 
copy lacks two leaves, now supplied in photo, from the B. A. copy, with 
Hugh McCail's signature on its title-page. 

(27) Toombs's 1S56 slavery lecture is printed in Stephens's War betwMn 
the States I, 625-47 (1S68.) 



THE GEORGIA HISTORICAL QUARTERLY 



79 



shortly before his death, and we have now also the Southern 
Literary Messenger for March, 1836, with Poe's enthusiastic 
anonymous review of the book. 

Thackeray was no doubt the greatest writer who ever vis- 
ited Savannah, and he was here twice, in March 1853 and again 
in Feb. 1856 (not 1855 as often stated). Probably it was dur- 
ing the second of these visits, while he was the guest of Mr. 
Andrew Low, that he wrote that charming little illustrated 
Savannah sketch which he later, copied out and contributed, 
under the title "A Leaf out of a Sketch-Book" to Miss A. A. 
Procter's miscellany "The Victoria Regia" London, 1861. To 
show her gratitude, she then had it reprinted separately as a 
little brochure, on the cover of which is printed "25 Copies 
for the Author's Use," and very naturally this little author's 
edition is now extremely rare and eagerly sought after by all 
Thackeray collectors. We are therefore very fortunate to have 
now a copy of this interesting literary curiosity, as well as the 
"Victoria Regia," (both recent acquisitions.) ^^^ 

These few concrete instances are selected as typical, for it 
is impossible and tiresome to give long lists of titles, and there 
are thousands of them ! However I must mention that the Li- 
brary has the "Governor Ewen copy" (the best except that in 
our Society's library) of the Georgia Acts of 1755-70 printed 
I763ff. by James Johnston, many apparently unique printed 
acts between 1771-99 not since reprinted, and then the original 

(28) "When Thackeray's "Feast of St. Vali^ntine" Savannah letter to 
Miss Perry was first printed (Scribner's MaKazlne for Oct. 1SS7, p. 416) the 
date 1S55 instead of 1S56 was carelessly added, in square brackets, which 
has led to miicli confusion, though of course there is no doubt whatever as 
to the correct date. He wrote a letter from Macon dated Feb. 23, 1S56, 
sold in the Wm. H. Lambert Thackeray sale as lot No. 399 (Feb, 1914.) 
Our copy of the 1861 brochure was presented by Mrs. Coerr, Lieut. De- 
Renne's sister. This sketch was included by James T. Fields in his vol. 
Early and late papers of T. hitherto uncollected. Boston 1S67, pp. 2C1-268, 
but it was not reprinted in England until 1SS6 in the Essays &c., form- 
ing vol. 23 of T.'s Works. The MS. of this sketch sold in the Lambert 
Thackeray sale (as lot No. 1090 on Feb. 27, 1914) is now in the possession 
of Mr, Phoenix Ingraham of N'. Y.. who kindly informs me that it is on 
Cornhill Magazine paper, was certainly written in 1861. and contains vari- 
ous corrections (no doubt showing the difference between the printed and 
the original sketch book forms.) 




80 THE GEORGIA HISTORICAL QUARTERLY 

editions of all the Georgia Sessions Laws 1799 to date includ- 
ing now 1818; also what seems to be the only known copy of 
the second Georgia Constitution, 1789, as printed that year. (29) 
The above early acts printed in Savannah in March or April 
1763 are perhaps the very first productions of the press in 
Georgia, and the first book (now known) was probably "The 
South-Carolina and Georgia Almanack, For the Year of Our 

Lord 1764 By John Tobler, Esq ; Georgia: Savannah, 

Printed by James Johnston." (advertised in the Georgia Ga- 
zette of Dec. 8, 1763) which we have also. (3°) But the Acts 
may have been preceded by the first newspaper, "The Georgia 
Gazette" of April 7, 1763. We have a complete photographic 
reproduction (exactly like the one which the late Mr. De- 
Renne presented to our Society) of the unique set through May 
23, 1770, preserved in the library of the Mass. Historical 
Society, ^^O and we have also later original numbers, other- 
wise unknown, and many files of newspapers of Savannah, 
Augusta and Milledgeville, &c., before the Civil War. Of 
course we have also the Gentleman's Magazine and the Lon- 
don Magazine, besides the Historical Magazine (1857-75) ^"d 
its successor the Magazine of Am. History (1877-93) ^"<^ va- 
rious early Georgia periodicals, not newspapers. 

I must mention the fine collections of original editions of 
travels in Georgia, the set of Urlsperger (now at last quite 
complete) ^32) on the Salzburgers in Georgia, the Indian col- 

(29) Cf. illustr. in 1911, Cat. p. 23. 

(.10) Cf. illustr. in 1911. Cat. p. 6. This is the (First Georgia Almanach. 
Tobler's subsequent vols, for S. C. and Ga. were printed in Charleston In- 
stead of Savannah. Cf. Miss Jlabel L. Webber's valuable list in tho 
S. C. Hist. & Genealog. Mag. for April. 1914. The late Mr. DeRenne had a 
spcond copy of the above Almanach for 1764 but presented it to the Library 
of Congress. 

(30 The Editor of this magazine, Mr. Wm. Harden, kindly calls my 
attention to records printed in Proceedings of the Mass. Hist. Soc. vol I. 
1791-1S35 (Boston 1879) pp. 104. 106. ISO showing that these "Newspapers 
of Savannah. Georgia, from 1.63 to 1770. two volumes, bound" were pre- 
sented at the Quarterly Meeting on Jan. 27. 1807, by Dr. Lemuel Kollock 
of Savannah, who had been nominated as Corresp. Member at the Quart. 
Meeting on Jan. 31, 1797 and elected at the Annual Meeting April 25, l'^'- 

(32) Mr. Andrew Keogh. Librarian of Yale Univ. very kindly aided 
us in securing at last that "Viertes Stuck," Augsburg 1767. of Urlsperger s 
"Americanisches Ackerwerk Gottes" (cf. 1911 Cat. p. 178) soon after tJie 
death of Mr. DeRenne, who had so eagerly sought it for years in vain. I 
then obtained also the little poem on the Nightingale ("ErbauUcne 
Gedanken von der Nachtigal") 4 leaves measuring only 4 1-2x3 1-8 inches. 
almost always lacking in the 14th continuation 1749 of the Salzburger 
Kachrichten. Then our set was quite complete. 



1; 




THE GEORGIA HISTORICAL QUARTERLY 



81 



lection, works connected with the infamous Yazoo land frauds 
(including the Yazoo Act itself as officially printed when first 
passed), the works of Georgia authors (Lanier, Richard Mal- 
colm Johnston and Joel Chandler Harris, much more nearly 
complete than in the 191 1 Catalogue), the sets of Savannah 
Mayors' Reports and the City Directories (including that for 
1849 recently discovered), and the numerous histories and 
biographies, &c. 

Last, but by no means least for practical purposes, a fine 
collection (no doubt far the best South of the Congressional 
Library) of the most important bibliographies in our field, 
including now Obadiah Rich's rare "Bibliotheca Americana 
Nova" ed. 1846, 2 vols, covering 1701-1844 (with the other 
parts for 1506-1700), Henry Stevens's "Historical Nuggets," 
1862, 2 vols., Sabin's vast standard "Dictionary of Books re- 
lating to America/' 1868 to date (including 82,714 numbers 
to John Smith so far), and Chas. Evans's chronologically ar- 
ranged American Bibliography, 1903 to date (so far 25,074 
numbers through 1792), serve as an absolutely indispensable 
key and guide to the whole. These are supplemented by the 
Harvard, IMass. Hist. Society, Boston Athenaeum, Library 
Co. of Phila., and Richmond Confederate Museum catalogues, 
with various publications of the Library of Congress. We 
have also many standard catalogues of famous private collec- 
tions, such as the S. L. M. Barlow, 1889 (sale 1890), J. R 
Bartlett, 1866, (310 copies. Civil War), Geo. Brinley sale, 1878- 
93 (5 parts), T. W. Field sale, 1875 (Indians), H. A. Morri- 
son's catalogue of the Levi Z. Leiter Library, 1907 (100 copies, 
de luxe copy presented by Mr. Joseph Leiter), Lt. Col. John 
P. Nicholson, 1914, (300 copies. Civil War, presented by the 
owner), Henry Stevens's sale at Sotheby's, July 1881, (in- 
cludes the Egmont Journal MS. as lot No. 239) and lastly 
Hildeburn's famous and elaborate Catalogue of the Charle- 
magne Tower Collection of Am. Colonial Laws, 1890 (pri- 
vately printed for the Hist. Soc. of Pa., which gave us the 
catalogue). 



J 




82 



THE GEORGIA HISTORICAL QUARTERLY 



We have, of course, the necessary volumes of the Carnegie 
Institution's scholarly Guides to Material for Am. History in 
Europe ; the New York Public Library kindly gave us a copy 
(only loo printed in 1900) of the careful Calendar of its great 
Emmet Collection of Manuscripts, containing much on Geor- 
gia. 

By far the most important recent donation to the Library 
from a stranger is Mrs". W'hitelaw Reid's most generous gift, 
last year, of a copy of her magnificent and most elaborate pri- 
vately printed Roxburghe Club quarto volume of documents 
relating to the claims of the American Loyalists in the Revolu- 
tion. (33) A very large part of this hitherto practically un- 
known material relates to Georgia and Savannah, and we are 
therefore particularly glad to have here what is probably the 
only copy South of Washington of this splendid and most 
scholarly work. After the book was printed, Mrs. Reid pre- 
sented all the manuscripts (some were printed only in abstract) 
to the New York Public Library. 

But I have detained you too long already with this enumera- 
tion, and there are about five thousand items (not counting 
the manuscripts), each selected for its historical value, not 
mere arithmetical rarity. 

In each case every effort has been made to get the real 
original, the genuine first edition, and, if differences can be 
discovered, then the best edition also. Thus the Library en- 
deavors to gather and preserve together a set of standards on 
which historical students can rely with far more confidence 
than is usually justified. In the case of Manuscripts at least 
lawyers are taught to go to the original, but as to printed books 
most people, even students, seem to assume that the dift'erencc 
cannot be really material, or, in other words, that any mere re- 
printer, no matter who he be, is quite reliable enough, and that 
any changes are probably simply improvements. Yet every- 

" i-ii) The title is: "The Roval Commission on the Losses and Services of 
American Loyalists 1TS3 to 1TS5, being the Notes of Rlr. ^^^^^L^ff; 
M P one or the Commis>ior.ers during that period, edited by ""P",^';, 
wardEserton. Beit Prof, of Colonial Hist, in the Univ. of Oxford OxfoM. 
printed" for Presentation to the Members of the Roxburghe Cluo. 
MDCCCCXV,' 4to. DP. Iv. and 422 pages. 



THE GEORGIA HISTORICAL QUARTERLY 



83 



one knows at least that Kipling entirely rewrote the last part 
of "The Light that Failed," and some of us may possibly even 
remember that Carlyle in the Edinburgh Review flatly contra- 
dicted William Taylor of Norwich as to the ending of Goethe's 
drama "Stella" (34) — to the great surprise and amazement of 
Taylor and his biographer Robberds — when as a matter of 
fact that play too had been rewritten by its author, though 
none of them even thought of that as a possible explanation. 
We may not agree with the poet Swinburne that much of what 
we now read in Hamlet yet was not in the first edition almost 
spoils the whole thing, and therefore could not possibly have 
been written or authorized for printing by Shakespeare (to 
say nothing of Bacon), but just how great such changes are 
nothing in the world except an actual comparison, either with 
another book or with an apparently reliable bibliography, (none 
are infallible), can possibly show. Such comparison is abso- 
lutely necessary in each case, even in order to determine if the 
copy is complete. I have mentioned an instance where there 
proved to be even more on an early map than on a later im- 
pression from the very same plate. Even the late Luther S. 
Livingston failed to notice this fact, though he carefully ex- 
amined these maps before he sold the earliest of them to the 
late Mr. DeRenne in 191 1, but it was discovered by Mr. George 
Watson Cole, while working here in Aug. 1917, just as his 
wonderful and now literally world-famous catalogue of the 
library (Americana, No. 866) of the late E. D. Church (it now 
belongs to Mr. Henry E. Huntington) at last fully described 
the excessively rare Appendix (3pp.) to Sir Robert Mount- 
gomery's well-known pamphlet "A Discourse Concerning the 
design'd Establishment Of a New Colony to the South of Caro- 
lina, in the Most Delightful Country of the Universe. London : 
Printed in the Year 171 7." This Appendix permits subscribers 
to IMountgomery's proposed colony of Azilia to deposit half of 
their subscriptions with Turner, Caswell & Co., and then with- 



(34) Caiiyle says (Essays, Centenary Edition 11. 351 from Ed. Rev. for 
March 1S31); "that his Stella ends quietly in Bigamy (to Mr. Taylor's 
satisfaction) which, however the French transl. may run, in the original 
U certainly does not." 





84 



THE GEORGIA HISTORICAL QUARTERLY 



I 



draw it again, if they do not wish to pay the other half. But 
as our President's interesting Annual Report on the Georgia Is- 
lands (G. H. S. Annals 1916, p. 17) recently explained, Mount- 
gomery's scheme came to nothing after all. I call attention to 
this Appendix here, because though the indefatigable biblio- 
grapher Sabin, in his Dictionary of Books relating to America 
(vol. 12, 1880, No. 51 194) duly records it, and even refers to 
the Boston Athenaeum copy (of which we now have a photo- 
graph) it is completely ignored by Jones, Winsor & McCrady, 
and was of course not added in Humphrey's reprint (for May, 
1897), of the reprint in Force's Tracts (I No. i) 1836. 
Having practically stated that Oglethorpe's pamphlet, reprinted 
in the first volume of our Society's Collections should have 
been dated there 1732, instead of 1733, since the latter in fact 
consists of the original sheets {not reprinted) of the former 
merely with a new title-page, I may add that the same fact is 
true of the 1737 and 1735 issues of the New Voyage to Geor- 
gia in the second volume of the Collections. Similarly, but 
this time by a comparison of the books themselves without 
reference to a bibliography, I recently discovered that the Eng- 
lish translation (by H. Xeuman) of the Duke de La Rochefou- 
cauld-Liancourt's Travels through the United States _ _ simply 
omits (1,604 of the original ed., London 1799, 4to.) 53 entire 
pages of the French original (IV, 1 17-170), all being on Geor- 
gia and very interesting zvithout the slightest word of warning. 
Such instances might be multiplied indefinitely, but these few 
will amply suffice to show the actual necessity of having at 
hand some reliable standard for comparison. 

The late Mr. DeRenne was intensely interested in every- 
thing connected with his wonderful Library. The new building 
and its contents were to him almost a holy of holies. Though he 
regarded his private library as a sort of public trust for the bene- 
fit and use of scholars, whom he delighted to welcome most hos- 
pitably, yet he also realized that such a collection, like the so- 
called "case books" of the British Museum or the "Reserve of 
the N. Y. Public Library, can, as a rule, be used with real ad- 
vantage to themselves (and to the books), only by scholars and 

y 



' "'"P 



THE GEORGIA HISTORICAL QUARTERLY 



85 



specialists, and not by the merely curious miscellaneous general 
public. The additional fact that the library is situated on a 
private plantation, some eight miles from Savannah, has pre- 
vented more than a very few persons, comparatively, from 
actually seeing it at all, and the 191 1 Catalogue (35) (200 copies 
only) is so little known, and was compiled in such extreme 
haste, that almost no one has any delinite idea as to just what 
it contains. A new and much more elaborate Catalogue in 
which the late Mr. DeRenne, his son, Lieut. W. W. DeRenne 
(the present owner), and also the latter's sisters, Mrs. Elfrida 
Barrow and I\Irs. Audrey Coerr, have taken the very deepest 
interest, has been in preparation since March, 1916, and is 
now nearing completion, as far as preliminaries are concerned, 
but the ^^'ar has necessarily postponed its printing until later, 
and until then the Library must remain comparatively passive 

So I am particularly glad to have this opportunity to thank 
now those who have helped us most in carrying on the work. 
My friend, ]\Ir. George Watson Cole, author of the famous 
Catalogue of the E. D. Church Library, now Pres. of the 
Bibliographical Society of Am. and Librarian of the Henry E. 
Huntington Library, spent three weeks of Aug., 1917, here 
(with }ilr. H. R. Mead as his Assistant) cataloguing our chief 
treasures bibliographically. Mr. T. L. Cole, of Washington, 
D. C, who knows more about American Statute Laws than 
anyone else, was here, with all his Georgia notes, in Jan. 1918, 
for a week, and materially enriched our catalogue cards in his 
chosen field. Mr. William Price acted as my assistant, very 
conscientiously, for eighteen months, from Feb. 1916, giving us 
the benefit of his unusual learning, especially in languages. I 
have continuously received much courteous aid and encourage- 
ment from such authorities as Dr. J. F. Jameson, Director of 
the Historical Department of the Carnegie Institution, Mr. W. 
C. Ford of the ]\Iass. Hist. Society, IMessrs. Wilberforce 
Fames and \'. H. Paltsits of the X. Y. Public Library, G. P. 



(y,) Title of 1911 Cat: "Books Relating to the History of Georgia in the 
Library of Wyniberley Jones DeRenne of Wormsloe, Isle of Hope, 
Cliatham County Georgia. Compiled and Annotated by Oscar Wegelin, 
Um." iSavanniili Morning News printers.) 

Tlie compiling was done in five or six weeks; thus it is unfair to judge 
Mr. Wegelin's work by this Catalogue. 



OD THE GEORGIA HISTORICAL QUARTERLY 

Winship of Harvard, and from various officials of the Li- 
brary of Congress, N. Y. Public Library, Hist. Soc. of Pa. 
Library Co. of Philadelphia, Harvard Library, Boston Athen- 
aeum, Yale Library, John Carter Brown Library. The John 
Carter Brown Library also very kindly loaned us a copy of 
their verj^ rare and valuable printed catalogue covering the 
eighteenth century. Miss Mabef L. Webber, the indefatigable 
Librarian, Secretary and Treasurer Etc., Etc., of the S. Ca. 
Hist. Soc, Miss E. ]\L FitzSimons, Librarian of the Charles- 
ton Library Soc, our own State Librarian, Mrs. Maud Barker 
Cobb, and her able Assistant Miss Carrie L. Dailey (compiler 
of the valuable Ga. bibliography in Bowker's "State Publica- 
tions," X. Y. 1908) have promptly answered many specific 
bibliographical queries ; and Mr. Wm. Harden, the courteous Li- 
brarian of the Ga. Hist. Soc, has kindly called my attention to 
various books, of which I later found and bought copies. 

Though under present war conditions the influence of this 
Library is just now potential rather than active, its mere pres- 
ence comparatively near the collections of the Ga. Hist. So^ 
ciety would seem to account for the fact that Prof. Theodore 
H. Jack, of Emory University, last year publicly suggested ^ 
to his fellow-members of the new Georgia Historical Asso- 
ciation, most of whom live very far from Savannah and from 
any such materials except that in the Atlanta Archives, that 
their Society (whose name is so strikingly similar to ours, as 
well as its scope and avowed aims) should sustantially confine 
itself to the more recent history of the State (e. g. the period 
since the Revolution) thus leaving the rest to us still. 

Such a policy, based on our own motto, would indeed tend to 
prevent unnecessary duplication of work. In any case, cer- 
tainly no one can dispute the fact that our (older) Society has 
always aimed at doing its best, and has also always gladly wel- 
comed every worker in the whole field. Since 1900 it has pub- 
Hshed more, including the Quarterly, than ever before. 

The late Mr. DeRenne wished to aid materially every seri- 
ous seeker after historical truth. Let us all try to follow his 
example in this. 



(36) 



Cf. Proceedings of the Ga. Historical Association I, 30 (1907.) 



mm 



THE GEORGIA HISTORICAL QUARTERLY 



87 



GEORGIA AND THE AFRICAN SLAVE TRADE. 



JUSTICE JAMES M. WAYNE'S CHARGE TO THE 
GRAND JURY IN 1859. 



The subject of the African Slave Trade has engaged the at- 
tention of a great many writers, and has been the cause of so 
much bitter feehng that its discussion, once so frequent, is 
now comparatively seldom referred to. There are however, 
matters connected with that business which, brought to light, 
even now may arouse the interest of those who are not well in- 
formed on the subject, and possibly of some who are well ac- 
quainted with the facts from which stupendous results have 
flowed. 

The attempts to secure the conviction of the owners of 
vessels engaged in the importation of slaves into the United 
States were usually unsuccessful, and in the case of the Geor- 
gia yacht "Wanderer," said by Alexander Johnston, in the 
"Cyclopedia of Political Science" to be "the most notorious 
case" of all, there was no conviction. In the words of the Hon- 
orable Henry R. Jackson, who was employed to assist the Gov- 
ernment in the prosecution, "As in the other pirate cases there 
was no verdict rendered by the trial jury." 

It seems that the "Wanderer" was one of three vessels fit- 
ted out for the trade by the same owners, the other two bearing 
the names of the "Richard Cobden" and the "Rawlins." In the 
case of the first named, when the decision was reached to 
have the interested parties indicted, Justice James M. Wayne, a 
Georgia member of the Supreme Court of the United States, 
presided in the District Court held in Savannah, the bench being 
occupied by him and Judge John C. Nicoll, the District Judge 
of the Sixth Circuit Court of the United States for the South- 
ern District of Georgia. Justice Wayne delivered the charge 



88 



THE GEORGIA HISTORICAL QUARTERLY 



to the Grand Jury. There were eighteen men on the Jury, all 
of them prominent citizens of Savannah, and men of influence 
and of dignified moral character. These are their names: 
Anthony Porter, who was the foreman, Rev. Farley R. Sweat 
Xoah B. Knapp, Dr. William M. Charters, Dr. John A. Wragg, 
Dr. James M. Schley, James Gallaudet, William H. Davis, 
John R. Wilder, Vardy \Voolley, William Neyle Habersham, 
Wallace Gumming, Joseph Lippman, Jordan P. Brooks, John 
W. Rabun, Abraham Minis, John G. Ferrill, and Dr. James S. 
Sullivan. They, at the conclusion of the charge, on the i6th 
of November, 1859, adopted the following preamble and reso- 
lution : 

"Whereas, the Grand Jury of the Sixth Gircuit Gourt of 
the United States have been much interested in the learned and 
lucid charge of his Honor, Judge James M. Wayne, Gircuit 
Judge of said Gourt: 

"Resolved, That the Grand Jury respectfully ask for publi- 
cation, by the Gourt, of said charge, for general information. 

The request was granted, and the charge was printed. Gopies 
of it are rarely to be found, and it is herewith given, with the 
belief that it will be gladly read. 

THE EDITOR. 




THE GEORGIA HISTORICAL QUARTERLY 



89 



CHARGE 

Mr- Foreman and Gentlemen: 

W^e have met to perform those duties which are assigned 
fo us by the Constitution of the United States, and the legisla- 
ion of Congress, for the judicial administration of both. 

Such a delegation of trust imposes upon yourselves as 
Grand Jurors, and upon this Court, conscientious responsi- 
bilities and large functions. Let us proceed, gentlemen, to 
'discharge them, in conformity with the confidence with which 
they have been conferred. 

I proceed to state the relations of Grand Jurors to the 
Courts of the United States as a part of them, and to their 
business. 

The Constitution of the United States "declares that no 
^ person shall be held to answer for a capital or otherwise infa- 
mous crime, unless on a presentment of a Grand Jury, except 
in cases arising in the land and naval forces, or in the militia 
when in actual service in time of war or public danger." It 
shows that the functions of Grand Jurors are commensurate 
with the entire penal legislation of Congress. Its enactments 
are for the punishment of ofifences against the government, 
offences against persons, such as are against property, those 
which may be committed on the high seas, or in rivers, harbors, 
bays or basins out of the jurisdiction of any particular State; 
for ofifences against public justice, such as relate to the coin 
and the pubfic securities of the United States; for ofifences in 
violation of the Post Ofifice Laws, and for all of those penal 
provisions which have been passed for the security of trade 
and commerce, in respect to the safety of the vehicles or ves- 
sels, in which it is carried on, to the commodities which may 
be transported in them, and to those persons who are employed 
to do the work of transportation. 

This enumeration, without mentioning the particulars of 
any one of them, discloses the extent and variety of the serv- 
ices which Grand Jurors may have to discharge in the ad- 



9G 



THE GEORGIA HISTORICAL QUARTERLY 



I 



ministration of penal law in the Courts of the United States. 
Whatever, gentlemen, we can do to aid your enquiries in any 
matter which you may haVe before you, will be cheerfully 
done by either brother Xicoll or myself, and it is your right 
to call upon us for advice and instruction in all matters of 
law. 

We are not yet informed as to the particular offences 
which will be submitted to your consideration. The Court will 
instruct you in the law applicable to them, as they shall be pre- 
sented by the District Attorney. It may be, however, that 
the trials which will take place at this term of the Court for 
transgressions of the Slave Trade Acts, may disclose matter 
for other prosecutions of the same kind. Certain it is, that 
some of those persons who were concerned in fitting out the 
Wanderer for a Slave Trade voyage ; and that others engaged 
in its execution, to the entire consummation of their purpose 
in this State, have not as yet been brought to the bar of justice. 
They may yet stand in our presence, with proof enough of 
their complicity with those who have been indicted, to make 
it your duty to place them in the same predicament. I would 
rather that there should be no cause to increase the criminal 
calendar of the Court ; but if there are persons not registered 
in it, who have bought off an exemption from prosecution, 
and we shall have a strong legal suspicion of it, and who they 
are, it imposes upon you an obligation to aid the Court by the 
use of legitimate evidence, to strip them of their imagined 
security ; that they may be placed alongside of their degraded 
instruments, who were allured by large wages, and with 
promises of co-partnership in the results of the voyage, to be- 
come transgressors of the law. 

Besides, gentlemen, a circumstance has recently occurred 
in this city, which impresses the larger portion of its people, I 
may say all, (with few exceptions,) with the belief that the 
same vessel has been furtively taken from this port, to be 
engaged again in the same unlawful trade. This incident, 
with some expectation that you may be called upon to act 



"WWl 



THE GEORGIA HISTORICAL QUARTERLY 



91 



upon it, and upon bills for violations of the Slave Trade Acts, 
induces me, for the information of yourselves, and our peo- 
ple at large, to charge you upon the legislation of Congress 
upon that subject, and to give its history. I shall assert 
nothing without the documentary annals of our country to sus- 
tain what I shall say ; with such references to them, as will 
tnable any one, and every one, who hears me to verify, or to 
disaffirm the conclusions of my investigation, if the latter can 
be done. 

I proceed now to give the legislation of Congress for the 
prohibition of the slave trade. It shall be chronological and 
minute, for instruction generally, and as a warning to such 
persons who at any time may be seduced by a corrupt avarice 
to engage in that inhuman trade. These enactments are in 
conformity with the Constitution, and with that clause of it 
which declares that the "migration or importation of such per- 
sons a? any of the States now existing shall think proper to 
admit, shall not be prohibited by the Congress prior to the year 
one thousand eight hundred and eight, but a tax or duty may 
be imposed on such importation, not exceeding ten dollars for, 
each person." The clause has its place in the enumerated 
powers of Congress. 

The first act was passed on the 22d March, 1794, when 
General Washington was President. It was intended to pre- 
vent any citizen or resident of the United States from equip- 
ping vessels within the United States to carry on trade or traffic 
in slaves to any foreign country. (Brig Triphenia vs. Harri- 
son, W. C. C, 522.) That is, though slaves might be brought 
into the United States until the year 1808, in vessels fitted out 
in our ports for that purpose, they could not be carried by our 
citizens or residents in the United States in such vessels, into 
any foreign country. The forfeiture of the vessel, which had 
been fitted out, attached when the original voyage was begun 
in the United States ; notwithstanding the pretended transfer 
of her in a foreign port, and the commencement of a new voy- 
age from such port. (The Plattsburgh, Wheaton, 133.) 



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This Act is still in force. The forfeiture attaches, though 
the equipments of the voyage may not have been completed, 
it being sufficient that any preparations were made for the un- 
lawful purpose. The Act, also, imposes a penalty of two 
thousand dollars upon any person fitting out such a vessel 
or aiding or abetting to do so. And as prevention of such a 
trafiic was the object to be attained, the Act was applied to 
foreign vessels in this particular, that if one of them in our 
ports shall be suspected to be intended for the slave trade, her 
owner, master or factor, each and all of them, upon the oath 
of a citizen of the United States, to that intent, may be re- 
quired to give bonds to the Treasurer of the United States, 
that none of the natives of Africa, or negroes of any foreign 
country, should be taken on board of her, to be sold as slaves in 
any foreign port, whatever, within nine months afterward. In 
addition, a citizen of the United States is liable to a forfeiture of 
two hundred dollars for every person he may receive on board 
of such vessel for the purpose of selling them as slaves. This 
statute accomplished its purpose for a time. But when it was 
found that some of our citizens, and foreigners residing in the 
United States, who had been accustomed to traffic in slaves, 
misused their privilege to bring slaves into the United States, 
by engaging their vessels for taking slaves from one foreign 
country to another. Congress passed the Act of the loth May, 
1800. It subjected to forfeiture any right or property in a ves- 
sel so employed, and the owners to pay a sum of money equal 
to double the value of their interest in her. 

The judicial interpretation of this Act is. that a vessel 
caught in such a trade, though it be before she has taken slaves 
on board, is liable to forfeiture. That a forfeiture was also 
incurred if slaves iccre carried as freight from one foreign 
port to another in the same kingdom ; or from a foreign port 
to another in any other country. The Act, too, declares that 
it shall be unlawful for any citizen of the United States or for 
any person residing in them, to serve on board of any vessel 
of the United States employed in the transportation of slave* 



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93 



from one foreign country to another; and that for doing so, 
they should be indicted, and be subjected to a fine not exceed- 
ing two thousand dollars, and imprisonment not exceeding two 
years. That he shall also be liable to the same fine and im- 
prisonment for being voluntarily employed on board of a for- 
ign vessel for the same purpose. The judicial interpretation of 
this Act is, that an actual transportation of slaves is not neces- 
sary to incur its penalties. It is enough that the vessel was 
bound to the coast of Africa with the intent to take slaves on 
board, and that the person charged with violating the Act, 
knezv that, and voluntarily served on board of her. (U. S. vs. 
Morris, 14 Peters, 464.) It is not necesary to do more than to 
mention that there are other sections of this Act providing 
for the capture of vessels engaged in such a trade ; also, 
for their forfeiture for the benefit of the captors, and pre- 
cluding all persons interested in such vessel, her enterprise 
or voyage, from all right to claim any slaves on board of her, 
any denying to them any damages or retribution on account of 
her capture. The Act further directs the Commander of the 
ship, making the seizure of such a vessel, to take her officers 
and crew, and any person found on board of her, into custody ; 
and to convey them to the civil authority of the United States, 
in some of the judicial districts, for prosecution. It had been 
early found that some of those persons most concerned in vio- 
lating the laws, (just as it has been recently attempted,) claimed 
to be exempt from its penalties, on the ground of being 
passengers on board of the vessel seized. Congress met the 
artifice, by declaring that all persons making such a declaration, 
should nevertheless be taken into custody for prosecution, and 
any commander who shall seize such a vessel, with a per- 
son on board of her, and who attempts to exercise his judg- 
ment in respect to the validity of such an excuse, breaks the 
law. 

It was early afterwards decided by Judge Bee of South 
Carolina, that any person might make a seizure of such vessel 
for condemnation, under the Act. His ruling was affirmed by 



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THE GEORGIA HISTORICAL QUARTERLY 



the Supreme Court of the United States in the case of the 
Josefa Segunda, lo Wheaton, 331. The Act also gave to the 
President of the United States the naval forces to be employed 
in enforcing it. It provides for the punishment of the master 
of the vessel seized, subjecting him to a fine not exceeding ten 
thousand dollars, and to imprisonment of not less than two 
and not more than four years. 

The next Act of Congress was passed on the 2d March, 
1807, when Mr. Jefferson was President. I will hereafter 
show that it was done upon his official suggestion ; and I only 
do not do so now from unwillingness to divert your minds into 
another train of thought from the legislation itself. The Act of 
1807 begins by subjecting any vessel to forfeiture which shall 
be found in any river, bay or harbor, or on the high sees within 
the jurisdictional limits of the United States, or which may be 
hovering on the coast, having on board any negro, mulatto, or 
person of color, for the purpose of selling them as slaves, or 
with the intent to land them in any port or place within the 
United States. 

The Act of 1 8 18 prohibits the importation of negroes 
altogether into the United States from any foreign kingdom, 
place or country, without excluding the return to it of such 
slaves as might leave the United States as servants of their 
owners, comprehending such as have been employed as seamen 
on a foreign voyage. (United States vs. Skiddy, 11 Peters, 73.) 
The ship in which they are brought is forfeited. It also for- 
feits any vessel built or equipped for the purpose of bringing 
slaves into the United States, or for the purpose of transport- 
ing them to any foreign country, and any preparation which 
clearly manifests an intent to prosecute a slave voyage, con- 
stitutes a fitting out under the Act. 

This ofifence being by the Act a misdemeanor, all con- 
cerned in it are principals. (United States vs. Gooding, 12 
Wheaton, 460.)' The penalty under the Act for fitting out 
vessels for the slave trade, and all persons in any way con- 
cerned, is a fine not less than one thousand nor more than 




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95 



four thousand dollars, and imprisonment, which may be ex- 
tended from three to seven years. It also inflicts other anc^ 
severe penalties upon citizens of the United Staes, and other 
persons residing therein, for being concerned in the slave trade, 
either on shore or at sea, and it provides, as previous Acts did, 
against carrying slaves from one port to another in a foreign 
country. (The Merino, 9 Wheaton, 391.) 

It takes from the importer of slaves, and from any other 
persons claiming them under him, or who may have 
bought them from his agent, any right, title or interest what- 
ever in the service or labor of any negro, mulatto or other per- 
son of color, so acquired. The purchasers of such slaves may 
be punished. Those, also, who may have aided or abetted the 
importations of such slaves, and all persons are punishable who 
shall hold, sell, or otherwise dispose of any negro, with intent 
to make him a slave, who shall know that he was introduced 
into the United States contrary to law. 

And in the 8th section of the Act it is declared that in 
all prosecutions under it, the defendant shall be held to prove 
that the negro, mulatto, or person of color, which he shall be 
charged with having brought into the United States, or with 
having purchased, or with having held or sold, or otherwise 
having disposed of, was brought into the United States five 
years before the commencement of the prosecution, or that he 
was not brought into it contrary to the provisions of the Act. 

Upon the failure by the person charged to make such 
proofs he shall be adjudged guilty of the offence with which 
he may stand charged under the Act. By which I understand, 
that after the prosecuting officer has made out a prima facie 
case, that a negro or mulatto is in possession of the accused, 
who has been brought into the United States contrary to law, 
that the burden of proof is cast upon the holder of the negro, 
to exempt himself from the penalties of the law. 

The Act of 1819 authorizes the President, in a more par- 
ticular manner than had been done before, to use the naval 
force for the prevention of the slave trade, points out the cir- 

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THE GEORGIA HISTORICAL QUARTERLY 



cumstances and the localities in which seizures of vessels may 
be made, directs the distribution of the proceeds of them after 
condemnation, requires that negroes found on board of them 
shall be delivered to the Marshal, what that officer's duty then 
is, and again commands that the officer making the seizure shall 
take into his custody every person found on board, being of 
the crew or officers of the vessel seized, and that they are to 
be turned over to the civil authority for prosecution. A bounty 
of twenty-five dollars is given for the detection of every negro, 
&c., &.C., brought into the United States contrary to law, which 
the Secretary of the Treasury is authorized to pay to the in- 
former. The Government is also authorized to pay a specific 
sum to any person who shall lodge information with the Dis- 
trict Attorney of any State or Territory into which negroes 
have been introduced, contrary to the provisions of this Act. 

It is then made that officer's duty to commence a prose- 
cution, by information, to ascertain the fact of the unlaw- 
ful introduction, and process is issued against the person 
charged with holding any such negro. If upon the return 
of the process executed, it shall be ascertained by the ver- 
dict of a jury that the negro has been brought into the 
United States as the informer had alleged, he is entitled to 
receive fifty dollars for each negro delivered to the Marshal, 
or of whom that officer may get the possession. I have been 
more particular in reciting what should be the proceedings, on 
account of it not having been pursued, when a number of 
Africans, supposed to be of the Wanderer cargo, were in the 
possession of an officer, from whom they were taken by the 
interv^ention of a State officer's warrant, without there being 
the slightest authority for doing so. I suggest, as the release 
of the Africans alluded to was a nullity, that proceedings 
against the persons concerned in it may still be instituted in 
vindication of the violation of the laws of the United States, 
and that new proceedings may be brought upon a proper affi- 
davit of any one that another person was or is in possession oi 



THE GEORGIA HISTORICAL QUARTERLY 



97 



any of the negroes brought in by the Wanderer, for carrying 
out the United States law to its conclusion for the benefit of 
whoever was or may become the informer. 

This brings us to the last act upon the subject, that of 
the 15th of May, 1820. It denounces any citizen of the United 
States as a pirate, and that he shall suffer death, who shall 
become one of the crew or ship's company of any foreign ship ; 
and that any person whatever becomes a pirate, and shall 
suffer death, who shall become one of the crew or ship's com- 
pany of any vessel, owned in the whole or in part, or which 
shall be navigated for or in behalf of any citizen of the United 
States, or who shall land from such vessel or any foreign shore, 
and shall seize any negro or mulatto not held to service or labor 
by the laws of either of the States or Territories of the United 
States, with intent to make such negro or mulatto a slave, or 
who shall decoy or forcibly bring or carry, or who shall re- 
ceive on board of such ship, any negro or mulatto with intent 
to make them slaves. The fifth section of the Act declares 
that, if either of the same classes of persons in the same classes 
of vessels shall forcibly confine or detain or abet or aid to do 
so, any negro or mulatto on either of such ships, not held to 
service or labor by the laws of any of the States or Territories 
of the United States, with intent to make such persons slaves — 
or who shall on the high seas, or anywhere on tide water, trans- 
fer over to any other ships or vessels such persons, intending 
to make them slaves, or shall land or deliver such persons with 
the same intent, or having already sold them, that such per- 
sons shall be adjudged pirates, and on conviction shall suffer 
death. It was necessary to be minute in the recital of this 
Act, or you could not have had a correct idea of it. 

Such, gentlemen, has been the legislation of Congress to 
prohibit and to punish the introduction of slaves into the 
United States from abroad by our own citizens or by for- 
eigners. 



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THE GEORGIA HISTORICAL QUARTERLY 



It will be found in the history which I will give of that 
legislation, that it is the result of an early and continued dis- 
approval by the people of the United States, both North and 
South, of the African slave trade. In all of which, from the 
very beginning of our nationality, the distinguished men of 
both sections took an active part, none of them more decisively 
than Southern statesmen, in every Act that has been passed, 
including the last. There has never been any manifestation of 
popular or sectional discontent against them on account of 
their opinion concerning the African slave trade, or their legis- 
lation to repress it. The Acts for that purpose have never been 
complained of but by those who had subjected themselves to 
their penalties, or who feared that they might be so, or by a 
few gentlemen, the sincerity of whose convictions cannot be 
doubted, but who have not as yet in their speeches or publica- 
tions commanded much attention from their knowledge of the 
history of our legislation, or for their expositions of Constitu- 
tional laws upon the subject. No serious attempt has been 
made to repeal any one of those Acts, and no one in a condi- 
tion to do so, has been found to propose it with an earnest and 
zealous effort to accomplish that. They have been acquiesced 
in, and had a popular approval, from the first Act that was 
passed to the last, inclusive. The judicial inflictfon of the pen- 
alties of those Acts, which has been frequently done, has 
always been considered the legal and just consequences of the 
Constitutional provision which gives to Congress the power 
to prohibit the importation of slaves into the United States 
after the year 1807. 

The Acts of 1818, 18 19 and 1820, severe as they may 
seem to be, particularly the last, had the active and marked 
support of the most distinguished Representatives in Con- 
gress from the State of South Carolina, and that of the ablest 
Representatives of every other State in the Union. There was 
but one opinion in the Senate and House of Representatives, 
that the treaty engagements of the United States with Great 
Britain, the times and the circumstances of it, called for such 
Acts in favor of humanity. They were necessary to vindicate 



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THE GEORGIA HISTORICAL QUARTERLY 



99 



our national sincerity from almost an imputation of connivance 
at the violations on our coast of our Acts for the suppression 
of the slave trade. 

\\'hat those circumstances were will be shown by the narra- 
tive I shall now give you. At no time has modern commerce 
been assailed by more extensive or more brutal piracies and 
murders, than it was in the year 1815, and for three years 
afterward. 

The general pacification in Europe in 181 4, and that of the 
United States with Great Britain, threw out of employment 
numbers of men who had been accustomed to the violences of 
war, and to the hazards and gains of privateering. 

They were unfitted for any quiet, social condition, were 
without daily occurring or expected causes of excitement, and 
had not those virtues suited to the pursuits of peace. Their 
vessels had been built, and equipped, and manned for pursuit 
and for flight, and were unfit for the carrying trade of com- 
merce. Many of them were soon employed in a forced trade, 
and in smuggling on every shore of the Atlantic. The transi- 
tion to piracy soon followed. I believe (for I speak from the 
history of that day and from public documents,) that there was 
no nation in Europe, some of whose vessels were not so used, 
and many of those of the United States were navigated by 
our citizens and by foreigners for the same purpose. In the 
latter part of the year 1816, and during the following year, 
vessels of that class were on the coasts of this Continent from 
Cape Horn to the Gulf of Florida. At first they were pirates 
without combinations, but afterwards became associated and 
had places of depot for the sale and division of their spoil. 
Those places were on the uninhabitated Atlantic coast of 
America, and those localities are now known. At length an 
adventurer, daring and knowing, conceived the idea and exe- 
cuted it, to make the Island of Fernandina their rendezvous. 
He seized it, declaring it to be no longer a dependence of Spain, 



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THE GEORGIA HISTORICAL QUARTERLY 



and 'organized a government there, in conjunction with citi- 
zens of the United States, who were men of broken fortunes 
at home. 

They claimed for themselves the privileges of nationality, 
invited an accession of numbers from every part of the world, 
recruited them as soldiers, and employed them on board of 
cruisers which had commissions of their own, with simulated 
documentary papers of the United States and of the nations of 
Europe. Spain could not dislodge them. Our negotiations 
were then going on for the purchase of Florida. In a short 
time the little Island, (now probably to become a city of note) 
was filled with the stolen products of commerce. The plan was 
to smuggle them into the adjoining districts of the United 
States, overland by the way of Florida, and from points on the 
St. ]\Iary's river into the interior. Our citizens from the north 
and south did not resist the temptation ; men from the utmost 
east of the United States and the nearer south to the locaHty 
were there for unlawful purposes, just as they had been a few 
years before, during the war of the United States and England, 
to smuggle our cotton into Ferriandina on English account, and 
in return, to smuggle into the United States the fabrics of her 
manufactures. In a short time this assumed government 
opened the Island as a depot for slaves from Africa. Two 
cargoes of them arrived there in the year 1818, in such a con- 
dition of misery from long confinement, starvation and scourg- 
ing, that the representation of it caused all over the United 
States a deep and indignant sympathy. Those, and there were 
but a few of them, who survived, were bought by a citizen of 
the State of Pennsylvania, and by a resident merchant of 
Savannah, and were successfully introduced into the United 
States. 

A third cargo arrived under like circumstances and with 
the same results. It was known that others would follow, 
and with a proper regard for humanity, and the political in- 
terest of the nation, Mr. Monroe, then President, determined 
to take possession of the Island. It was done by a military 



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101 



force. The late Gen. Bankhead commanded the expedition. 
Aury's government and force, after a show of resistance, sur- 
rendered. Himself and his officers fled, and thus an end was 
put to their combination for smuggling and piracy. It must 
not be supposed, however, that a gush of sympathy from such 
a cause led to the enactment of the Act of 1820. It had a 
deeper and wider foundation, as you will presently see, in the 
long standing conviction of the American people, that the 
African Slave Trade was wrong in itself. 

HISTORY OF THE LEGISLATION 

Your attention will now be called to the history of the 
legislation of Congress to prohibit the African Slave Trade, 
with especial reference to the religious, moral and political 
considerations on which it rests, and to the constitutionality 
of the zA.ct of 1820, making that trade piracy, punishable with 
death. 

The colonial history of the States, in my judicial circuit. 
North and South Carolina and Georgia, exhibits the exist- 
ence of a profound impression among the people, that the slave 
trade was not a legitimate commerce, but that it involved the 
perpetration of enormous crimes. The same feeling, belief, 
and opinion, had been frequently expressed in Virginia, and 
Maryland manifested the same sentiments and a disposition to 
abolish it ; all of them suggested measures for its discourage- 
ment. 

This sentiment, common indeed to all the colonists, was ex- 
pressed by the first Constitutional Congress, of 1774, in its 
adoption, unanimously, by all the colonies, of the non- 
importation, non-consumption, and non-exportation agree- 
ment, and with more emphasis by the Congress of 1776. That 
Congress resolved that the importation of African slaves 
should be abandoned, and for a time there was no State in 
which the trade was tolerated. 

The provisions of the Federal Constitution were settled with 
much deliberation and care. They were reported by a com- 



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THE GEORGIA HISTORICAL QUARTERLY 



mittee formed by a member from each State, and their report 
with amendments, was adopted as the complete and final ad- 
justment of our constitutional arrangement of that subject. 

This adjustment contemplated that either of the States 
"then existing," should retain the power to admit slaves until 
the year eighteen hundred and eighty and that after the year 
eighteen hundred and seven. Congress should have plenary 
authority to regulate or prohibit it. Mr. Madison expressed 
the sense of the Federal Convention when he said, in the Vir- 
ginia Convention, "it appeared to him that the General Gov- 
ernment would not intermeddle with that property for twenty 
years, but to lay a tax on every slave imported, not exceeding 
ten dollars, and that, after the expiration of that period, they 
might prohibit the traffic altogether." 

But the reservation of the power to "the United States" 
to admit Africans to be held as slaves, was opposed with much 
earnestness in the Federal Convention that passed it, and was 
regarded as a serious objection in many of the conventions as- 
sembled in the different States to ratify the Constitution. 

The limitation of the power of the United States, to legis- 
late upon the subject, did not extend to the trade with foreign 
nations, or to the territories. 

In the years 1794 and 1800, during the administration of 
Gen. Washington and Mr. Adams, American ships and Amer- 
ican seamen were prohibited from engaging in or carrying on 
the slave trade among foreign nations, under heavy penalties. 
In 1798 and 1804, the trade was prohibited in the Mississippi 
and Louisiana territories, comprising then all the slave-holding 
territories of the United States. 

In the year 1S06, President Jefferson congratulated Con- 
gress upon the approach of that period when its power be- 
came plenary, and invited it to pass suitable laws for the final 
suppression of the trade. The prohibitory sections of the Act 
of 1807 were adopted, with urmsual harmony of sentiment by 
Congress, and was the result of Mr. Jefferson's recommenda- 



THE GEORGIA HISTORICAL QUARTERLY 



103 



lions. It was said in the debate that took place upon that bill, 
that the sentiment was general for the abolition of the slave 
trade, and that the only enquiry was, how it could be most ef- 
fectively done. 

In the treaty of peace concluded at Ghent between the 
United States and Great Britain, the trade was pronounced 
to be "irreconcileable with humanity and justice," and the 
contracting parties engaged to use their best endeavors for 
its abolition. 

In 1818. 1819 and 1820, the laws of the United States 
upon the subject were revised, and additional severity given to 
the enactments. 

Thus, it is seen, that during the administtation of the first 
five Presidents, all of whom were concerned in settling the 
foundation of the Government, a series of law?, resting upon 
a common principle, and having a common end, have been 
adopted by the united and concurring views of the States and 
the people, for the suppression of the African slave trade. 

The power of Congress to suppress the slave trade, by 
passing all laws necessary and proper for that purpose, is not 
questioned by any one at all conversant with the Constitution 
and constitutional history of the United States. 

As a matter of commerce, the power of Congress to reg- 
ulate the foreign slave trade is plenary and conclusive. As it 
affects navigation and the police of the ocean and seas, the 
power given to define and punish piracies and felonies on the 
high seas is without limitation. And in so far as it affects 
intercourse with the inhabitants of another continent, and the 
lelations which shall exist between our citizens and those in- 
habitants, the power of Congress to determine upon that inter- 
course, and to control the citizens of the United States in re- 
gard to it, is absolute and unconditional. 

The Acts of Congress relating to the slave trade, divide 
the oft'enders into three classes, and apportion various de- 
grees of punishment among them. I shall speak of but one of 



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THE GEORGIA HISTORICAL QUARTERLY 



them. The class treated as the most criminal, and upon whom 
the denunciation of punishment falls most severely, comprises 
the crew or ship's company of the vessel, who are imme- 
diately employed in carr)'ing on the trade. 

The Act of Congress of May, 1820, describes this class as 
the crew or ship's company of any American vessel or the 
citizens of the United States employed in any foreign vessel, 
engaged in the slave trade. The Supreme Court of the United 
States have said in reference to a similar enactment: "As to 
our own citizens, there is no reason why they should be ex- 
empted from the operation of the law of the country, even 
though in foreign ser\-ice. Their subjection to those laws fol- 
lows them everywhere." 

The crimes described in this act have been already men- 
tioned in almost the language of it, but in this connection the 
repetition, with greater brevity, will be allowable. 

Those crimes may be committed by landing from any such 
vessel, and on any foreign shore seizing a negro or mulatto, not 
a slave under any State or territorial law of the United States, 
with intent to make of him a slave ; or by forcibly or fraudu- 
lently decoying or abducting such a person to such a ship or 
vessel, or forcibly confining or detaining him on board with 
such an intent ; or selling or attempting to sell him as a slave 
on the high seas ; or landing him from the vessel, with such 
intent. The person trangressing, in either of the particulars 
mentioned, is to be adjudged a pirate, and the penalty is death. 

The crime of kidnapping the inhabitant of another coun- 
try by a citizen of the United States, or by the employment 
of an American vessel, is as plainly within the power of Con- 
gress as to define and punish and dominate it piracy, as it 
would be for Congress to punish for piracy the crew of any 
vessel who might land upon the shore of the United States with 
intent to kidnap, or who should kidnap the citizens of the 
United States, or the negro slaves on plantations situated on 
the coast of the United States. In either case it belongs to 
Congress to affix the punishment for the offence, upon its 



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105 



own convictions of its enormity and its mischievous tendency. 
The denomination appHed to the offender is of no importance 
to the character of the act, though, without designation other- 
wise, it may be as to the punishment of the offence. 

But there can be no difficulty in vindicating the classifica- 
tion of the offence described in the act as piracy. 

The Acts of 1794, 1800, 1807 ^^d 1818, abohshed the slave 
trade, and prohibited the employment of American seamen 
and vessels, either in the foreign slave trade, or in the importa- 
tion of slaves to the United States. The American citizen was 
not allowed to acquire any title to the subject of such trafific, 
from any person concerned in it. The rights of the inhabitants 
of Africa to their liberty, were required to be inviolable by the 
inhabitants of the United States. To this limited extent they 
were placed upon the same conditions as the inhabitants of any 
other country. 

From a remote antiquity, the seizure and abduction of 
men and women, with the intent to dispose of them as slaves, 
by the crew or ship's company, of vessels roaming at large 
for the purpose of plunder and traffic, have been deemed and 
always called acts of piracy. It was a capital offence by the 
Jewish law, and to steal a human being, man, woman or child, 
or to seize and forcibly carry away any person whatever from 
his own country into another, has always been considered 
to be piracy and is now so considered by all nations enjoying 
Jewish and Christian instruction, punishable with death. 

The exclusion of the inhabitants of Africa from such pro- 
tection, so far as the nations of Europe are concerned, com- 
menced in the early part of the 14th century; the Portuguese 
having then begun the traffic in slaves from the western shores 
of that continent. But they placed their rights to do so, and 
their excuse for it, upon the Roman law of "Jure gentium, servi 
nostri sunt, qui ab hostibus capiuntur." 

Nor was it ever recognized in Europe to be an allowable 
trade upon any other principle, until the Emperor Charles 
V. authorized in 1571 the introduction of Africans into the 



106 



THE GEORGIA HISTORICAL QUARTERLY 



Island of St. Domingo, from the establishments ^ of the Por- 
tuguese on the coast of Guinea, to work the mines in that Island. 
It was subsequently sanctioned by the nations of Europe for 
the same purpose and for agricultural labor, and for the last, it 
was introduced by all of them into their respective colonial pos- 
sessions in America. But now the sanction of all of them for 
such a trade having been withdrawn, and all of them having 
declared it to be piracy, the natural rights of the inhabitants of 
Africa are secured against the violation of them by their re- 
spective citizens and subjects, as to the transportation of them 
to any port of the world, with intent to rhake them slaves. 

A classical writer upon the manners of the ancient Greeks 
informs us : "The supply by war of slaves there, seldom 
equalled the demand ; in consequence a race of kidnappers 
sprung up, partly merchants and partly pirates, who roamed 
about the shores of the Mediterranean," as such miscreants do 
now about the slave coasts, picking up solitary and unprotected 
individuals. Greek and Roman authorities tell us that when the 
Cilician pirates had the possession of the Mediterranean, as 
many as ten thousand slaves were said to have been imported 
and sold in one day. 

Lord Stowell describes a pirate "as one who renounces 
every country, and ravages every country on its coasts, and 
vessels indiscriminately." And it is quite clear, politically and 
judicially, that a pirate is one who, without a commission from 
any public and recognized authority, shall ravage the coasts, or 
vessels of any country indiscriminately. Mr. Jefiferson, in his 
draft of the Declaration of Independence, denounces the Afri- 
can slave trade "as a piratical warfare, the opprobrium of infi- 
del nations." 

The motives and considerations which induced Congress, 
with scarcely a division, to enact the law of May, 1820, arc 
fully explained in the Report of the Committee of the House of 
Representatives, which recommended the passage of the bill. 
"Congress," say the Committee, "have heretofore marked, with 
decided reprobation, the authors and abettors of this iniquitous 



THE GEORGIA HISTORICAL QUARTERLY 



107 



commerce in every form which it assumes, from the inception 
of its unrighteous purposes in America, through all the subse- 
quent steps of its progress to its final consummation — the out- 
ward voyage, the cruel seizure and forcible abduction of the 
unfortunate African from his native home, and the fraudulent 
transfer and sale of the person so acquired. It may, however, 
be questioned, if a proper discrimination of their relative guilt 
has entered into the measure of punishment annexed to their 
criminal acts. Your Committee cannot perceive wherein the 
offence of kidnapping an unoffending inhabitant of a foreign 
country, in chaining him down for a series of days, weeks, and 
months, amidst the dying and the dead, to the pestilential hold, 
of a slave ship, of consigning him, if he chance to live out the 
voyage, to perpetual slavery in a remote and unknown land, 
differs in malignity from piracy, and why a milder punish- 
ment should follow the one than the other crime? Are there 
not united in this offence all that is most iniquitous in theft, 
most daring in robbery, and cruel in murder? If the internal 
wars of Africa, and their desolating effect, may be imputed to 
the slave trade, and that the greater part of them must cannot 
now be questioned, his crime, considered in its remote as well 
as its proximate consequences, is the very darkest in the whole 
catalogue of human iniquities, and its authors should be re- 
garded as Jiostes huinani generis." 

In the year 1823, the House of Representatives of Con- 
gress adopted a resolution to request the President to prose- 
cute, from time to time, negotiations with the several mari- 
time powers of Europe and of America, for the effectual aboli- 
tion of the African slave trade, and its ultimate denuncia- 
tion as piracy under the laws of nations, by the consent of the 
civilized world. This resolution was adopted by a vote of 139 
yeas to g nays, and among those who voted for it were Mr. 
Buchanan, now our President, Mr. McLane, of Delaware ; Mr. 
Poinsett, Mr. McDuffie, and General Hamilton, of South Caro- 
lina; Mr. Reid. of Georgia; Mr. Sergeant, of Pennsylvania; 
Stephenson, of Virginia; and Williams, of North Carolina. 



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THE GEORGIA HISTORICAL QUARTERLY 



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Charles Fenton Mercer, of Virginia, the mover of the reso- 
lution, in the course of his speech in support of the motion, said 
that technical objections have been urged, and sneers have been 
indulged against the legal accuracy of the application of the 
term piracy to the offence. Such criticism has no sound rea- 
son to sustain it. The law of nations is in part natural — in 
part conventional. Its only sanction is to be found in the phy- 
sical force — its legal authority in the express or local consent of 
nations. The consent of nations may make piracy of any of- 
fence on the high seas. In seeking a denomination for a new 
crime, it is not necessary to invent a new term. The object 
of classing the prohibited act under an old title, is to provide 
for the former a definite and complete remedy. Piracy under 
the law of nations is alike understood and punished by all na- 
tions. And is there no analogy between the African slave trade 
and the offence of piracy, which would warrant the proposed 
classification of the former crime under the latter title? It 
may sometimes, be difficult, amidst conflicting authorities, to 
say what is not piracy, but it cannot be so to determine what is. 
It is robbery on the high seas, without a lawful commission 
from any recognized authority, to take from a vessel, without 
color of law, a single package of goods. And is it not robbery 
to seize, not the property of the man, but the man himself, to 
chain him down, with hundreds of his fellows, in the pes- 
tilential hold of a slave ship, in order, if he chance to survive 
the voyage, to sell him to a foreign master? By a former law, 
almost coeval with our Constitution, we made murder on the 
high seas piracy. The seizure of an African by the landing of 
the crew of a vessel with intent to make him a slave on a for- 
eign land, is kidnapping, and its consummation on the high 
seas is within the power of Congress to "define and punish pi- 
racies." Search the etymology of the term piracy, and its ap- 
plication to crimes, and nothing restricts it to injuries to prop- 
erty, or to offences which have their inception and termination 
on the high seas. The act of violation may begin on the shore, 
and be continued on the ocean, for the consummation of its 
intention elsewhere, and Congress may define it to be either a 



THE GEORGIA HISTORICAL QUARTERLY 



109 



piracy or a felony, according to its sense of the enormity of the 
purpose or intention of the persons concerned in it. Congress 
has defined it to be piracy, and has declared that it shall be 
punished with death. 

The Act of the 15th May, 1820, on this subject, was a con- 
summation of its legislation for the complete abolition of the 
slave trade. It was not passed under any momentary excite- 
ment or impulse, but it was the deliberate and considered act 
of the Federal Government to carry out a policy that had been 
disclosed in the first days of our existence as a free and inde- 
pendent people, and which in every stage of its history had been 
sanctioned by the moral sense of the people. Under the reso- 
lution before mentioned, which was so triumphantly passed in 
the House of Representatives, the Executive Government en- 
tered upon negotiations with Great Britain, and in the year 
1824, its parliament followed the lead of this country in desig- 
nating the crime of abducting Africans from their shores to 
make them slaves, as piracy. All the nations of Europe, as well 
as of America, have followed in the same legislation, and the 
object of the resolution of 1823 seems to be near its ac- 
complishment. 

Upon three occasions since 1824, the subject has been under 
the consideration of Congress, and, at each time has a deter- 
mination been fully expressed to maintain the principles that 
have been incorporated into the legislation of the country. 

No part of it has been more explicit in that declaration 
than the States in my Judicial Circuit. Georgia declared, in 
her Constitution of 1798, that there should be no future im- 
portation of slaves into this State, from Africa or any fo>- 
eign place, after the first day of October ensuing. South Caro- 
lina prohibited negroes and slaves of any color from being 
brought into the State as early as the 4th of November, 1788. 
That State's Act of the 21st December, 1792, is to the same 
purpose, with this addition, that there should be no importation 
of slaves, or negroes, mulattoes, or Indians, Moors, or mesti- 



no 



THE GEORGIA HISTORICAL QUARTERLY 



I 






zoes, bound to service for a term of years And her repeated 
legislation from that time to the year 1803, extended and 
renewed the prohibition of the importation of slaves into that 
State. And it is a little amusing, too, that the origin of the 
present African apprentice system, was begun in attempts to 
violate her laws forbidding the importation of slaves and 
negroes, under the pretence that they were only bound to serv- 
ice for a term of years. But the artifice was discovered, and the 
State has the credit of having accommodated her legislation to 
the fraud, so as to prevent and punish it. When the Constitu- 
tion was under discussion, the convention of North Carolina 
had no legislation directly to prohibit the importation of 
slaves. It only imposed duties upon the introduction of them 
into that State ; but since her ratification of the Constitution, 
no State in the Union has more faithfully kept the Act of 
Congress prohibiting the importation of slaves, unless it be 
the State of South Carolina, for, from what I have judicially 
witnessed in that State, I can say, notwithstanding there are 
a few there who are active advocates for the renewal of the 
slave trade, that the people of the State are not at all likely to 
recede from their long standing policy in that regard. 

In 1826, in the discussion of the Panama Mission, Col. 
Hayne, a member of the Senate from the State of South 
Carolina, said : "The United States were the first to set their 
faces against the slave trade, and the first to repress it among 
her citizens. We are entitled to the honor of having effectu- 
ally accomplished this great object; not more by the force of 
our laws than by the omnipotent power of pubHc opinion. In 
all measures of this character, every portion of our fellow citi- 
zens have cordially co-operated, and even in those States wfiere 
slavery exists, the people have gone heart and hand with the 
government in every measure calculated to cut up this nefanous 
trade by the roots. In the State which I have the honor to 
represent, any man concerned, directly or indirectly, in this 
traffic, would be indignantly driven out of society." 



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THE GEORGIA HISTORICAL QUARTERLY 



111 



m 



Mr. Johnson, a member of the Senate from Louisiana, said : 
•'A general accordance in principle and sentiment/ prevails 
throughout the civilized world in regard to the duty and obliga- 
tion of the nations to exterminate the slave trade. It is the pre- 
vaihng feehng of the age. This inhuman traffic which fills the 
world with misery, ought to be effectually suppressed. It be- 
longs to Christian nations to put an end to this infamous prac- 
tice, with all the crimes and horrors that follow its commis- 
sion." 

Judge Berrien, of Georgia, said : "For myself, I abhor the 
slave trade. It is abhorred by my constituents. Even at the 
time when it was tolerated by our laws, it was not in the South- 
ern portion of this Union that its practical advocates were 
found." 

At a later period in the history of the country, 1843, the 
United States was called upon to consider the measures for the 
execution of the Treaty of Ghent with Great Britain, relative 
to the suppression of the slave trade. These measures will be 
found in the treaty negotiated at Washington with that power, 
freque.ntly called the Webster Ashburton Treaty. That treaty 
was ratified, and is now a part of the law of the land. The 
eighth article requires, both countries to prepare, equip and 
maintain in service on the coast of Africa, a sufficient and ade- 
quate squadron to enforce separately and respectively, the laws, 
rights and obligations of each of the two countries for the sup- 
pression of the slave trade. The 9th article recites, that, not- 
withstanding all efforts which may be made on the coast of 
Africa, for suppressing the slave trade, the facihties for carry- 
ing on that trade and avoiding the vigilance of cruisers, by the 
fraudulent use of flag's and other means, are so great, and the 
temptation so strong for pursuing it, while a market can be 
found for slaves, that the desired result may be long delayed 
unless all markets be shut against the purchase of African 
negroes. The parties to this treaty agree that they will unite in 
all becoming representations and remonstrances with any and 



113 



THE GEORGIA HISTORICAL QUARTERLY 



all powers within whose dominions such markets are allowed 
to exist ; and they will urge upon all such powers the propriety 
and duty of closing such markets at once and forever. 

This treaty was ratified by the Senate by a vote of thirty- 
nine ayes to nine nays, three of those who voted in the nega- 
tive representing'slave-holding States. One of those was Col. 
Benton, and one of the grounds of his objection to the treaty 
was the clause just recited, but he declared the trade itself dia- 
bolical and infamous. 

The Constitution of the United States, mainly made by 
slave-holding States, authorized Congress to put an end to the 
importation of slaves by a given day. Anticipating the limited 
day by legislation. Congress had the law ready to take effect on 
the day permitted. On the first day of January, 1808, Mr. 
Jefiferson being President, the importation of slaves became un- 
lawful and criminal. A subsequent Act, following up the idea 
of Mr. Jefiferson in his first draught of the Declaration of Inde- 
pendence, denominated the crime as piratical, and delivered up 
its pursuers to the sword of Justice, as the enemies of the hu- 
man race. Vessels of war cruising on the coast of Africa, 
under our act of 1819, have been directed to search our own 
vessels, to arrest the violators of the law, to bring in the ships 
for condemnation and the men for punishment. At this time 
the government is not unmindful of this treaty obligation, for 
our next squadron for the coast of Africa will consist, I believe, 
of four steamers and as many sloops-of-war, and four steam- 
ships will probably cruise off Cuba, to intercept slavers that 
may escape the ships on the African coast. Mr. Calhoun voted 
for the ratification of the treaty, and expressed his clear con- 
viction "that the policy of closing the markets of the world 
was both right and expedient in every point of view, that we 
were deeply committed against the traffic, both by legislation 
and treaty. The influence and the efiforts of the civilized 
world were directed against it, and that too under our lead at 
the commencement." 




■ 






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THE GEORGIA HISTORICAL QUARTERLY 



113 



Still later, in 1855, the House of Representatives, by a vote 
nearly unanimous, decided that it was not expedient to repeal 
the laws for the suppression of the slave trade. 

The leading points in the legislative history of the laws 
under discussion have been referred to, to show upon what 
solid foundation of authority and consent on the part of the 
executive and legislative departments of the government, the 
laws for the suppression of the slave trade rest. No doubt has 
been entertained by the long succession of Jurists and states- 
men who have been concerned in their discussion and en- 
actment, of the constitutional power of Congress to pass them. 
There is no question of public morality which has been more 
clearly and solemnly maintained than that on which this legis- 
lation reposes. It would be a retrograde rnovement of more 
than a century to consent to abate one line of the condemna- 
tion of this trade, or to relax any effort for its extirpation. 
Many of the clauses of these laws have come before the 
Judiciary department of the United States for interpretation ; 
property has been sentenced to confiscation, and men have been 
tried and some condemned for the violation of them. Not a 
question has been decided in the Circuit or in the Supreme 
Court which in any manner impugns their validity as constitu- 
tional enactments. 

Having thus given you, gentlemen, the acts, and their 
legislative history, all of which have hitherto had the sup- 
port and concurrence of the people of the United States, and 
by no part of the people more so, than by the people of the 
slave-holding States ; should cases of the kind be submitted to 
you by the District Attorney, you will no doubt show your- 
selves true and faithful to the Constitution and laws of our 
country. 



114 



THE GEORGIA HISTORICAL QUARTERLY 



QUERIES AND ANSWERS. 




G. L. H. — Has anyone, besides Joel Chandler Harris, writ- 
ten a book containing stories like those of "Uncle Remus," but 
in a different dialect ? 



Yes. In the year 1888 a volume was published bearing the 
title "Negro Myths From the Georgia Coast," by the late 
Colonel Charles C. Jones, Jr. The stories were told in the 
dialect peculiar to the negroes on plantations on and near the 
sea coast. 



P. B. — How did the Okefinokee Swamp get its name, and 
what does it mean ? 

Benjamin Hawkins, probably the best authority, gave as the 
spelling of the word 0-ke-fin-o-cau, and said this concerning its 
origin : "The O-ke-fin-o-cau is the source of the St. Mary's 
and little St. Johns, called by the Indians Sau-wau-na. It is 
sometimes called E-cun-fin-o-cau, from E-cun-nau, earth, and 
Fin-o-cau, quivering. The first is the most common amongst 
the Creeks. It is from Ooka, a Chactau word for water, and 
Fin-o-cau, quivering. This is a very extensive swamp, and 
much of it is bog; and so much so that a little motion will 
make the mud and water quiver to a great distance. Hence 
the name is given." 



I 




THE GEORGIA HISTORICAL QUARTERLY 



116 



EDITOR'S NOTES. 



Since the publishing of our March number the Library of 
Georgia Historical Society has received an assortment of good 
books, as gifts, by exchange, and some by purchase. We are 
under obligation to Prof. W. MacXeile Dixon, of the Univer- 
sity of Glasgow, for a fine lot of publications on the great war. 
We have not space here for a list of them, or of those re- 
ceived in the way of exchange ; but the titles of those in the last 
mentioned class are as follows : 

Recollections of a Rebel Reefer 

By Col. James Morris Morgan 

The Dwelling Houses of Charleston, S. C. 

By Alice R. and D. E. Huger-Smith 

Audubon, the Naturalist 

By Francis Hobart Herrick (2 vols.) 

Historic Silver of the Colonies, and its Makers 

By Francis Hill Bigelow 

Furniture of the Olden Times . By Frances Clary Morse 

Viscount Morley's Recollections (2 vols.) 



History of the Civil War 
Credit of the Nations 
The \\'inxing of the War 
A Stlt)Ent in Arms 
Four Years in Germany 
Face to Face with Kaiserism 



By James Ford Rhodes 

By J. Lawrence Laughlin 

By Roland G. Usher 

By Donald Hankey 

By James W. Gerard 

By James W. Gerard 



W't cheerfully devote an unusually large amount of space 
in this number of the Quarterly to the very interesting and 
learned description of the De Renne Library of Georgia His- 




116 



THE GEORGIA HISTORICAL QUARTERLY 



tory, at Wormsloe, by its able Librarian, Mr. Leonard L". 
Mackall. We had long hoped to see in print a proper account 
of that remarkable and almost priceless collection, prepared 
by some one well qualified for the task ; and we are especially 
pleased to present it in this periodical, and to have it from the 
hand of the man who, above all others, is thoroughly fitted for 
such work. Mr. Mackall's devotion to the Library, and his 
knowledge of the formation of the collection (in which he has 
had so large a part), combined with his store of information 
on books and their authors, have resulted in the writing by him 
of a most entertaining and instructive article. 



In our March number, on page 26, the name of the Pro^ 
vincial Secretary of State for the Southern Department, in thfi 
year 1763, was inadvertently given as the Earl of Egmont, in- 
stead of Egremont. 




THE 

GEORGIA HISTORICAL 

QUARTERLY 




PUBLISHED BY THE 



GEORGIA HISTORICAL SOCIETY 



SAVANNAH, GEORGIA 



VOL. n No. 3 



SEPTEMBER, 1918 



Printed for the Society by 

BRAID & HUTTON, INC.. 

Savannah, Georgia 



ONE DOLLAR A NUMBER 



THREE DOLLARS A YEAR 



J 



THE 

GEORGIA HISTORICAL 

QUARTERLY 



1 



Vol. 



SEPTEMBER, 1918 



No. 3 



THE STORY OF THE CONFEDERATE TREASURE 

BY OTIS ASHMORE 

In the spring of 1865 the hand of Fate was rapidly drawing 
to its close the great drama of the War Between the States, and 
Destiny had already set the stage for the final scenes at Ap- 
pomattox. On the quiet Sunday morning of April 2, a mes- 
senger entered St. Paul's Church in Richmond during divine 
service and placed a telegram in the hands of a distinguished 
gentleman seated well up to the front. After reading the 
message the gentleman, taking up his hat, quietly withdrew 
from the building, and directed his eager steps towards the 
executive offices of the Confederacy. This man was President 
Jefiferson Davis, and the fateful message was one from Gen- 
eral Robert E. Lee, notifying him that Richmond was no longer 
tenable, and that it must soon fall into the hands of the enemy. 
Air. Davis hurriedly assembled the heads of departments and 
bureaus at his ofiice and gave directions for the removal of the 
executive papers, the money in the Confederate treasury, and 
all his ofiicial and private family to a place of safety. He 
hoped that Lee could unite with Johnston and yet be able to 
breast the storm. Failing in this, he still indulged the forlorn 
hope of cutting through with a remnant of his shattered 
troops, and, joining those beyond the Mississippi, of re-estab- 
lishing a government which he had so bravely defended for 
four long years. The first of these the overwhelming forces of 
Grant prevented, and the second was a dream as baseless as 
the fabric of a vision. 



120 



THE GEORGL\ HISTORICAL QUARTERLY 



It is not the purpose of this article to trace in detail the 
dramatic events which followed thick and fast upon the col- 
lapse of the Confederacy, but to present the facts connected 
with the final disposition of the Confederate and private funds 
taken away from Richmond at the time of its evacuation by 
Mr. Davis. 

Strange to say, these facts are not easily available, and 
the historians have hitherto not woven the detached and ob- 
scure material into a connected story. 

It is well known that a large amount of gold, silver, bonds, 
etc., followed Mr. Davis on his journey southward, and for 
many years after the ^^'ar, stories were persistent that Mr. 
Davis himself appropriated much of these funds to his own 
private use. As late as i88r so distinguished a man as Gen- 
eral Joseph E. Johnston in an interview in the Philadelphia 
Press strongly intimated that much of this treasure had been 
misappropriated by the Confederate officials, and cast grave 
reflections upon the integrity of President Davis himself. 
These reflections have been completely and satisfactorily 
answered in the Memoir of Jefferson Davis by his wife, and no 
fair minded man in the clear light of the convincing facts can 
accuse Mr. Davis of misappropriating a single dollar of public 
funds. Writers and thinkers may differ concerning the wisdom 
of Mr. Davis' political theories and policies, but of his honor, 
his courage, and his purity of character there can not be the 
slightest question. 

But what became of this treasure? What was its value? 
What was its final fate ? While the exact amount of the funds 
removed is not well known, a very close approximation may 
be ascertained from certain statements made in 1881 and 1882, 
when the interview with General Joseph E. Johnston appeared 
in the Philadelphia Press. Fortunately these statements were 
made by officials best qualified to know the facts in the case, 
and while they differ slightly in some of the details, it is clear 
that the Confederate funds were guarded and handled with 
great fidelity, so far as the Confederate officials were con- 
cerned, and that the greater part was used to pay off the Con- 



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THE GEORGIA HISTORICAL QUARTERLY 



121 



federate soldiers to enable them to reach their homes without 
suffering. The remaining part was captured by the Federal 
soldiers. 

It is necessary to bear in mind that there were two separate 
and distinct funds which were brought away from Richmond 
under the same guard and on the same train. One was the 
public, fund of the Confederate Government, and the other the 
private property of certain \'irginia banks whose officers de- 
cided to seek safety and protection for their funds under the 
same military escort provided for the Confederate funds. 
Both of these funds as we shall see were transported south- 
ward by rail and wagon trains to Danville, Va., Greensboro, 
N. C, Charlotte, N. C, Chester, Newberry, and Abbeville, 
S. C, and finally to Washington, Ga., where the last meeting of 
the Confederate cabinet was held, and where most of the Con- 
federate treasure was disbursed. 

Let us follow first the history of the Confederate funds. 

From the Recollections of a Naval Officer, by Captain 
William H. Parker (1883), from a letter by General John F. 
Wheless published in the Southern Historical Society Papers, 
Vol. X, pp. 137-141 (1882), and from various other sources, the 
following condensed statement of the movements of the 
treasure is made. Captain Parker was the commander of the 
naval training ship Patrick Henry, then stationed near Rich- 
mond, and General Wheless was at the time paymaster of this 
ship. Both were with the treasure train during the entire 
period of its movements from Richmond. 

On April 2, 1865, Captain Parker was ordered by Mr. 
Mallory, the Secretary of the Navy, to take charge of the 
treasure train at Richmond with about sixty of the midship- 
men under his command, and to guard it on its perilous 
journey. Ten of the midshipmen were left behind with Lieut. 
Billups to destroy the Patrick Henry. Among this gallant 
escort were many of the most promising young men of the 
South, a number of whom have since become distinguished. 
The train bearing this treasure, whose character and value 
are given elsewhere, together with the funds of the Virginia 



122 



THE GEORGIA HISTORICAL QUARTERLY 



I t 



banks, to be treated later, the families of Mr. Davis and of 
some of the Cabinet members, and the armed escort under 
Capt. Parker, left Richmond on the night of April 2nd, and 
arrived at Danville, \'a., on the afternoon of April 3rd. Presi- 
dent Davis and his cabinet were here. The treasure was not 
unpacked from the cars at Danville, except to make some pay- 
ments for the use of the government. The treasure train 
remained in Danville till about April 6, when it proceeded to 
Greensboro, N. C, where $39,000 in silver was, by official 
order, paid out per capita to the officers, soldiers, and em- 
ployees of Johnston's army. General Beauregard states that 
his share of this fund was $1.15. Thence the treasure was 
removed to Charlotte, X. C, and was deposited in the mint. 
This was about April 8. Here the guard was increased to 
about 150 men. On or about April 11, the treasure was trans- 
ferred by rail to Chester, S. C. From this point southward 
the railroads had been destroyed by Sherman's troops, and the 
treasure was packed into wagons and transferred to Newberry, 
S. C. At this point the treasure was again transferred from 
the wagons to the cars and carried to Abbeville, S. C. Here 
Mrs. Davis and her party were left, and the treasure again 
being transferred to wagons, was carried to Washington, Ga., 
deposited in a bank vault, and a strong guard placed over it. 
The danger of capture by Federal troops was constantly in- 
creasing, and after deliberating one day. Captain Parker took 
the treasure by railroad to Augusta. The treasure was not 
unpacked from the cars in Augusta, but it was kept under 
strong guard. The conditions in Augusta proving very danger- 
ous. Captain Parker decided to take the treasure back to 
Washington and Abbeville and place it in immediate charge of 
President Davis and his escort, which he knew was moving 
southward along the line of his own recent journey. The 
treasure left Augusta for Washington on April 23. 

At ^^'ashington the treasure was once more packed into 
wagons and transferred back to Abbeville where it arrived 



THE GEORGIA HISTORICAL QUARTERLY 



133 



about April 28, and was stored in a warehouse on the pubHc 
square. On the way back to Abbeville Captain Parker met 
]\Irs. Davis and her party on the way southward. 

About ten o'clock A. M., on May 2, Mr. Davis with his 
escort rode into Abbeville. He had with him several members 
of his cabinet, and four skeleton brigades of cavalry, viz : 
Duke's, Dibrell's, Ferguson's and A^aughan's. ^Mr. Trenholm, 
the Confederate Secretary of the Treasury, being left ill near 
the Catawba river, Mr. Davis appointed Mr. Reagan, the 
Postmaster General, Acting Secretary of the Treasury, and 
into his hands Captain Parker by order of Mr. Mallory, the 
Secretary of the Navy, turned over the treasure which had 
been so carefully guarded for nearly a month. Upon the order 
of ^Ir. Reagan, Captain Parker delivered the treasure to Gen- 
eral Basil Duke at the railroad station. By order of Mr. Mal- 
lory, and without the knowledge of Mr. Davis, Capt. Parker 
immediately disbanded his command, and from Abbeville he 
returned to Virginia. 

The treasure was once more loaded upon wagons and car- 
ried back to Washington. Before leaving Abbeville, however, 
Captain Parker sent his paymaster, Mr. Wheeless, back to 
Washington and obtained from the Acting Treasurer $1,500, 
which he divided pro rata among his men. At the same time 
]\Ir. Wheless obtained $300 from the treasury for Lieutenant 
Bradford of the ]\Iarines who was under orders for the Trans- 
Mississippi Department. This was paid to Lieutenant Brad- 
ford in Washington. 

At Washington the final disbursement by the Confederate 
officials took place as shown below. 

The following is an extract from a letter of I\Ir. Reagan 
to President Davis, written several years after the War (see 
Memoir of Jefferson Davis, by his wife) : 

"I understand from the verbal statement of Mr. Trenholm, 
on his turning over the business of the Treasury Department 
to me, that there was in the Confederate Treasury some eighty- 
five thousand dollars in gold coin and bullion ; some thirty- 
five thousand dollars in silver coin ; about thirty-six thousand 



WT' 



124 



THE GEORGIA HISTORICAL QUARTERLY 



dollars in silver bullion, and some six or seven hundred thou- 
sand in Confederate Treasury notes ; besides some sixteen or 
eighteen thousand pounds sterling in Liverpool acceptances. 

"You will remember that the silver coin and an amount of 
gold coin about equal to the silver bullion, was paid out to the 
troops before they or the money reached Washington. There 
I directed an acting treasurer to turn over to two of our naval 
officers, whose names I do not now remember, most of the 
gold coin and bullion; with the understanding between us all, 
before you left Washington, that as soon as the excitement 
subsided a little, they were to take this out to Bermuda or 
Liverpool, and turn it over to our agents, that we might draw 
against it after we should get across the Mississippi river. 
I directed him to turn the silver bullion over to Major Moses, 
as it was too bulky and heavy to be managed by us in our then 
condition ; and I saw !Moses putting it in a warehouse in Wash- 
ington before I left there. I also directed him to burn the 
Confederate notes in the presence of General Breckinridge and 
myself. The acceptances on Liverpool were turned over to 
me, and were taken by the Federal forces with my other papers 
when we were captured. You were not captured until several 
days after the disposition of all these funds, as above stated. 
These constitute, as I remember them, about all the material 
facts as to the public funds, and as to the money of the Rich- 
mond banks." 

On May 4, President Davis appointed M. H. Clark, Esqr., 
of Clarksville, Tenn., Acting Treasurer to succeed Mr. Reagan 
who had requested the appointment. Mr. Clark, in an in- 
terview in the Louisville Courier Journal of January 13, 1882, 
speaks as follows : 

'T will state as briefly as possible my connection with the 
Confederate Treasure. 

"The President from Danville proceeded to Charlotte, N. C. 
\\'e arrived at Abbeville, S. C, the morning of May 2. At 
Abbeville, S. C, the Treasury officers reported the train at the 
depot, having been a part of the time under the escort of 
Admiral Raphael Semmes's little naval force to protect it from 



■""wm 



THE GEORGIA HISTORICAL QUARTERLY 



125 



the Federal cavalry, who were raiding on a parallel line with 
our route, between us and the mountains. Mr. G. A. Trenholm, 
the Secretary of the Treasury, having been left quite ill near 
the Catawba river, the President appointed the Postmaster- 
General. Honorable John H. Reagan, acting Secretary of the 
Treasury, wlio took charge of that Department, and placed the 
coin under charge of the cavalry to convoy it to Washington, 
Ga. The party left for Washington that night, and stopped 
for breakfast a few miles from Washington. At our breakfast 
halt, when the road was taken, 'Mr. Benjamin came to me and 
said 'good-by." and turned off south from that point. Mr. 
Mallory left the party at Washington, Ga., going to a friend's 
in the neighborhood. 

"Next morning Colonel William Preston Johnston informed 
me that Mr. Reagan had applied for me to act as Treasurer, 
to take charge of the treasury matters, and I was ordered to 
report to him, and doing so was handed my commission, which 
is now before me, and reads as follows, viz: 

"Washington, Ga., May 4, 1865. 
'M. H. Clark, Esq., is hereby appointed Acting Treasurer 
of the Confederate States, and is authorized to act as such 
during the absence of the Treasurer. 

JEFFERSOxV DAVIS.' 

(This v\as the last official signature President Davis affixed 
to any paper). 

"Returning to my train to get some necessary articles, Presi- 
dent Davis rode up with his party, when what I supposed 
were farewell words were passed between us, and my train, 
under charge of its Quartermaster, moved out. The Treasury 
train arrived shortly after President Davis' party left, and 
being repL.rted at General Basil W. Duke's camp, about a mile 
from towr.. I went there with the proper authority, and he 
turned the whole of it over to me. Selecting the shade of a 
large elm tree as the "Treasury Department/ I commenced 
my duties as 'Acting Treasurer, C. S.' 

"Xow for the specie of the Treasury. 



136 THE GEORGU HISTORICAL QUARTERLY 

'"It must be remembered that a month or more before the 
evacuation of Richmond, \'a., for the relief of the people, the 
Treasury Department had opened its Depositories and had 
been selling silver coin, the rate being fixed at $60 for $1 in 
coin. While at Danville, Va., the Treasury Department re- 
sumed these sales, the rate there being $70 for $1. 

"About $40,000 in silver, generally reported (and no doubt 
correctly) at $39,000, was left at Greensborough, N. C, as a 
military chest for the forces there, under charge of the 
Treasurer, ^Mr. John C. Hendren ; all of the balance was 
turned into my hands, which amounted in gold and silver 
coin, gold and silver bullion, to $288,022.90. Adding the 
$39,000 left at Greensborough, N. C., the Treasury contained 
in coin and bullion, when it left Danville, Va., $327,022.90. 

"If the Treasury at Richmond had contained $2,500,000 in 
coin, certainly the brave men of our armies would never have 
suffered so severely from want of sufiicient food and clothing 
as they did during the winter of 1864-65, for it had been 
demonstrated that gold could draw food and raiment from 
without the lines. With the train at Washington, Ga., how- 
ever, was the specie belonging to the Virginia banks, which 
some time before had been ordered to be turned over to their 
officers, who had accompanied it out from Richmond, and had 
never left it ; but the proper officer had not been present to 
make the transfer. It had never been mixed with the Treasury 
funds, but kept apart and distinct, and when Acting Secretary 
Reagan ordered the transfer to be made, no handling of specie 
or counting was necessary, but merely permission for the 
cashiers and tellers to take control of their own matters. 
I knew them all personally, but my impression is that it was 
about $230,000. General E. P. Alexander has already given 
in your columns the after-fate of this fund. 

"While at Washington, Ga., communications were received 
from General John C. Breckinridge, that payments had been 
promised by him to the cavalry from the train. General Breck- 
inridge's action was ratified, and President Davis gave some 
other directions before he left. General Breckinridge arrived 




^ r 



',. 



s 




THE GEORGIA HISTORICAL QUARTERLY 



137 



in Washington, Ga., an hour or so after President Davis left. 
My recollection of this statement was that during the night of 
the 3rd, en route from Abbeville, S. C, to Washington, Ga., 
he found the cavalry and train at a halt, resting. Stopping, 
he learned from the officers that the men were dissatisfied at 
the position of affairs ; that they were guarding a train which 
could not be carried safely much farther; the Federal cavalry 
were known to be in full force not a great distance ofif ; the des- 
tination and disposition of their own force was an uncertain one ; 
their paper money was worthless for their needs ; that they 
might never reach A\'ashington, Ga., with it, etc. A crowd 
gathered around, when General Breckinridge made them a 
little speech, appealing to their honor as Confederate soldiers 
not to violate the trust reposed in them, but to remain Southern 
soldiers and gentlemen ; and that when they reached Washing- 
ton with the train fair payments should be made. 

"The men responded frankly, saying they proposed to 
violate no trust ; they would guard it, but expressed what they 
considered due to them in the matter; and, as they would be 
paid some money in Washington, Ga., and no one could tell 
what would happen before they reached Washington, there 
was no good reason for delay. 

"General Breckinridge replied that, if they wished an in- 
stant compliance with his promise, he would redeem it at once, 
and ordered up the train to the house at which he had stopped, 
and had the wagons unloaded ; the quartermasters being 
ordered to make out their pay-rolls when a certain amount 
was counted out and turned over to the proper officers. The 
wagons were then reloaded, and the route was taken up to 
\\'ashington, Ga. The boys told me they got about twenty-six 
dollars a piece; enough, they hoped, to take them through. 

"It is this transaction which has produced so many con- 
tradictor}- statements from men and officers, many seeing 
nothing more, and regarding it as the final disbursing of the 
Confederate specie. Proper receipts were given and taken at 



r 



128 



THE GEORGIA HISTORICAL QUARTERLY 




the time, and I rated it as if disbursed by myself, and covered 
it into the Treasury accounts by the paper of which below is a 
copy: 

'Confederate States of America. 
Washington, Ga., May 4, 1865. 
'Honorable J. C. Breckinridge, 

Secretary of War: 
There is required for payment of troops now on the march 
through Georgia, the sum of one hundred and eight thousand 
three hundred and twenty-two dollars and ninety cents ($108,- 
322.90), to be placed to the credit of ]\Iajor E. C. White, 
Quartermaster. 

A. R. LAWTON, 

Quartermaster-General. 

(Indorsed). 

'The Secretary of the Treasury will please issue as re- 
quested. 

'JOHN C. BRECKINRIDGE, 

"Secretary of War. 
(Indorsed). 

'M. H. Clark, Acting Treasurer, will turn over to Major 
E. C. White the amount named within, preserving the neces- 
sary vouchers, warrant hereafter to be drawn when settle- 
ment can be regularly made. 

'JOHN H. REAGAN, 

'Acting Secretary of Treasury. 

(Indorsed). 

'Washington, Ga., May 4, 1S65. 

'Received of M. H. Clark, Acting Treasurer, C. S., the 
sum of one hundred and eight thousand three hundred and 
twenty-two dollars and ninety cents ($108,322.90) in specie, 
the amount called for by within paper.' 

"I obtained permission from General Breckinridge and Mr. 
Reagan to burn a mass of currency and bonds, and burnt mil- 
lions in their presence. 



■ ""wimr'f 



THE GEORGIA HISTORICAL QUARTERLY 



129 



"Before reaching town I was halted by Major R. J. Moses, 
to turn over to him the specie which President Davis, before he 
left, had ordered to be placed at the disposal of the Commissary 
Department, to feed the paroled soldiers and stragglers passing 
through, to prevent their burdening a section already stripped 
of supplies. I turned over to Major IMoses the wagons and 
silver bullion, and all of the escort except about ten men. 

"In my statement of the specie assets of the Treasury being 
$288,022.90, I counted the payment to ]\Iajor Moses as being 
$40,000. 

"My last payment in Washington, Ga., was of eighty-six 
thousand dollars ($86,000) in gold coin and gold bullion, to a 
trusted officer of the navy, taking his receipt for its transmis- 
sion out of the Confederacy, to be held for the Treasury 
Department * * * 

"Judge Reagan and myself left Washington, Ga. 

"I found the party, consisting of the President and staff, 
and a few others, Captain Given Campbell and twelve of his 
men, near Sandersville, Ga. There the President heard dis- 
turbing reports from Mrs Davis' party, they fearing attempts 
to steal their horses by stragglers and decided next morning to 
take his staff and join her party for a few days. As every- 
thing on wheels was to be abandoned by him, I remained with 
my train, the chances of the capture of which were steadily in- 
creasing. I inquired as to the funds of the staff, and found 
that they had only a small amount of paper currency each, 
except, perhaps. Colonel F. R. Lubbock, A. D. C, who had, 
I believe, a little specie of his private funds. Colonel William 
Preston Johnston told me that the President's purse contained 
paper money only. I represented to them that they would 
need monev for their supplies en route, and to buy boats in 
Florida, etc., and that I wished to pay over to them funds to be 
used for those purposes, and they consented. I paid, with the 
concurrence of Honorable John H. Reagan, the Acting Sec- 
retary of the Treasury, $1,500 in gold each to Colonel John 
Taylor A\'ood, A. D. C. ; Colonel William Preston Johnston, 
A. D. C. ; Colonel F. R. Lubbock, A. D. C, and Colonel C. E. 



130 



THE GEORGIA HISTORICAL QUARTERLY 



Thorburn (a naval purchasing agent who was with the party), 
taking a receipt from each one ; but as they were all of the 
same verbiage, I merely give one, as follows : 

'Sandersville, Ga., May, 6, 1865. 

'$1,500. Received of M. H. Clark, Acting Treasurer, C. S., 
fifteen hundred dollars ($1,500) in gold coin, the property of 
the Confederate States, for transmission abroad, of the safe 
arrival of which due notice to be given the Secretary of the 
Treasury.' 

"I also paid to each $10 in silver for small uses, from a little 
executive office fund, which I had obtained in Danville, Va., 
by converting my paper when the Treasurer was selling silver 
there. For this I took no receipts, charging it in my office 
accounts. I also called up Captain Given Campbell and paid 
him, for himself and men, $300 in gold, taking the following 
receipt : 

'Received of M. H. Clark, Acting Treasurer, C. S., three 
hundred dollars ($300) in gold, upon requisition of Colonel 
John Taylor Wood, A. D. C. 

'GIVEN CAMPBELL, 
'Captain Company B, Second Kentucky 
Cavalry. William's Brigade.' 

"I then went to Judge Reagan with a bag containing thirty- 
five hundred dollars ($3500) in gold, and asked that he take 
it in his saddle-bags as an additional fund in case of accidents 
or separation. He resisted, saying that he was already 
weighted by some $2,000 of his own personal funds, which 
he had brought out from Richmond, Va., in a belt around his 
person ; but after some argument on my part he allowed me 
to put it in his saddle-bags. The party then were already on 
horse, and 'good-by' was said. 

"The President's party was captured a few days after- 
wards, and upon their release from prison several of the party 
told me that everyone was robbed of all they had, except 
Colonel F. R. Lubbock, who, after stout resistance and great 
risk, retained his money, upon which the party subsisted dur- 
ing their long imprisonment at Fort Delaware. No gold was 



""""iir' 



THE GEORGIA HISTORICAL QUARTERLY 



131 



found on President Davis when captured, for he had none. 
He could only have received it through me, and I paid him 
none. The Treasury train was never with President Davis' 
party. They found it at Abbeville, S. C, rode away and left 
it there, and rode away from Washington, Ga., shortly after 
its arrival there, while it was being turned over to me. It will 
have been noted that the receipts quoted are of two classes — 
payments to troops and clerks for their own services ; but to 
officers of higher rank, like Generals Bragg and Breckinridge, 
or two members of the President's military family, they were 
for transmission to a distance, to be afterwards accounted for 
to the Treasury Department. 

"The old Confederates brought nothing out of the war, save 
honor ; for God's sake, and the precious memory of the dead, 
let us preser\'e that untarnished, and defend it from slanderous 
insinuations. To do my part, I have spoken. 

"M. H. CLARK, 
"Ex-Captain P. A. C. S., and 
ex-Acting Treasurer, C. S. A." 

The Xew York Times of Januan.- 6, 1882, contains the 
following letter from Walter Philbrook, Chief Teller of the 
Confederate States Treasury : 
"To the Editor of the New York Times : 

"You have published several articles relative to the Con- 
federate specie, and, although no one believes that Mr. Davis 
had any dishonorable connection therewith, it may be well for 
public information, and for settling the question finally, that 
you make the following known through your widely circulated 
columns. I took charge of the specie at Richmond under the 
following order: 

'Confederate States Treasurer's Office 

Richmond, Va., April, 1865. 

'Mr. A\'alter Philbrook, Chief Teller Confederate States 
Treasurer. 

'Sir: — As you have returned from the South you will re- 
lieve Mr. AVise, Assistant Teller, of the charge of the specie, 
bullion, and other property of this department, and care for it 




I ^.s 



132 THE GEORGIA HISTORICAL QUARTERLY 



during its removal, and afterward until relieved by competent 
authority. You will proceed to Danville, Va., and thence to 
Charlotte, N. C. At the latter place you will transfer the 
specie and bullion to the vaults of the Mint. In case of any 
emergency which may threaten its safety, you will confer with 
our agent there and take such action as may be deemed prudent. 
The routine of your office is to be maintained as far as practi- 
cable, and the clerks who accompany you are expected to sub- 
sist on their salaries. By order of 

G. A. TRENHOLM. 
Secretary Confederate States Treasury. 
JNO. OTT, Chief Clerk.' 
"I should state that I returned to Richmond, only a few 
days before its evacuation, from a tour of inspection. Acting 
under these instructions, we crossed the James River on the 
evening of Sunday, April, (This date I cannot give, it was the 
2nd or 3rd, I think) and went to Danville. The railroad bridge, 
commonly called Manchester bridge, was burned soon after 
our train left. At Danville some of the specie was paid out 
under informal requisitions, the Secretary, Mr. Trenholm, and 
Mr. Hendren, the Treasurer, both being absent, I think. These 
requisitions and those that I subsequently honored were signed 
or countersigned by Mr. Nutt, who held a high position in the 
department. From Danville we went to Charlotte, N. C, and 
deposited the valuables in the Mint. At this place further pay- 
ments were made, and here we heard that the Federals had cut 
the road and telegraph at Salisbury, thus closing communica- 
tion with the President and his party at Danville. And right 
here I would say that i\Ir. Davis never saw this treasure from 
the time it left Richmond until we reached Abbeville, S. C. f^^ 

His wife and children and his household and personal effects 
were with our train, but he was not. On learning the news 
from Salisbury, it was decided to move further South, and we 
left Charlotte with Abbeville as our objective point. Various 
stops were made on the journey, and payments were made to 
commissary and other officers in sums varying from $2,000 to 
$40,000, informal vouchers being given of necessity, but all 



y 







THE GEORGIA HISTORICAL QUARTERLY 



133 



having sufficient authority to reHeve me of responsibiHty. 
These payments were made for the subsistence and pay of 
soldiers, and for forage, and were so used, as the officers dis- 
bursing them have already shown, and it speaks well for the 
morals of a beaten and dispirited army that no raid was ever 
attempted on this train from our own troops during its long 
journey, although the contents were well known all along the 
line, and the amount much exaggerated. Owing to the great 
weight of silver which we carried it was reported, and gen- 
erally believed, that we had from $2,000,000 to $10,000,000. 

"At some point on the road, not remembered now, a wagon 
train was required, and we pursued our journey by turnpike 
until we again connected with the railroad, and by it reached 
Abbeville, being several days in advance of the President and 
his party. The specie we left loaded on the cars, with a guard 
of marines and naval Cadets, under Lieut. Parker, of the Navy, 
strengthened by the Treasury clerks. Our intention was to 
run back if threatened by the Federal cavalry, who were but 
a few miles distant at Pendleton. On the arrival of the Presi- 
dential party a Cabinet meeting was held and the Hon. John 
H. Reagan was appointed Acting Secretary of the Treasury. 
By him I was relieved of my onerous charge, the expressed in- 
tention being to go to Washington, Ga., and the Savannah river, 
and to pay the specie out to soldiers on their way home, with- 
out any formality other than to estimate the number that they 
would be likely to see before the final breaking up of the 
party and to pay accordingly. Officers and men were to share 
alike. That this was done with all, except the amount sur- 
rendered to or captured by the Federal troops is amply proved 
by numerous letters which I have seen published. Of the 
amount realized by the United States Government I have no 
personal knowledge. It was probably all of the silver bricks 
and uncoined gold, articles that could not well be paid away. 
The specie was transferred at Abbeville to a wagon train, late 
at night, and started under a cavalry guard. Although I have 
no records of the trip by me, I can say that the amount with 
\vhich we started was less than $600,000. The bulk and weight 





134 



THE GEORGIA HISTORICAL QUARTERLY 




of it was in Mexican dollars packed in kegs about the size of 
those used for nails. The gold was chiefly in double eagles 
in sacks of $5,000 each, and packed in regular coin boxes 
825,000 to a box. In addition to these we had some silver 
bricks, gold ingots and nuggets, and a lot of copper cents. The 
silver dollars were mostly if not entirely from the New Orleans 
banks, and had been in the Treasury since 1861. 

"I had belts made at Abbeville, thinking that the Presi- 
dential party would separate there, and that they ought to be 
provided with some means of carrying a little coin in case they 
should reach a foreign port. Many of your readers will be 
surprised to learn how little gold a man can carry on his 
person for a lengthened time. Three thousand dollars (about 
15 pounds) will be a heavy load for a vigorous man after two 
or three days. It seems that the President would not take a 
dollar for his personal use, and I do not know that any of 
his immediate party received a share of it. The sole idea of all 
the high civil officers and the military commanders, so far as 
I know (and I had good opportunities for learning their senti- 
ments), w^as to make this money go as far as possible in 
enabling the soldiers to reach their homes without sufferings, 
and without causing distress to others. You will remember 
that it has been a matter of surprise that so many thousands 
of poor and destitute men reached their homes in Alabama, 
Mississippi, Arkansas and Texas without general robbery of 
the helpless inhabitants. It was in part owing to the morale of 
the men, but in great measure to the judicious disbursement of 
a fund which a highly honorable man is accused of appropriat- 
ing. 

St. Louis, Mo., Monday, December 26, 1881. 

Several other statements have been made concerning the 
disposition of the Confederate treasure, but as they agree 
substantially with those given, they are not here repeated. A 
most interesting and circumstantial account of the movements 
of the treasure is given in Recollections of a Naval Officer by 
Capt. William H. Parker, who had charge of the military 
escort provided for the protection of the treasure, and another 





THE GEORGIA HISTORICAL QUARTERLY 



135 



similar statement appears in the Southern Historical Society 
Papers, Vol. X., pp. 137-141, written by John F. W'heless, who 
was the Paymaster of the Confederate States Navy, accom- 
panying the escort under Captain Parker. A very condensed 
statement of these two accounts has been given above. 

Interesting sidelights are also thrown upon the subject by 
Miss E. F. Andrews in her charming JVar Time Journal of a 
Georgia Girl, and by Captain Jas. !Morris Morgan in Recollec- 
tions of a Rebel Reefer. 

Of the statements given, that of Captain Clark is by far the 
most trustworthy, for the reason that he was the Acting 
Treasurer at the time, and through his official hands all re- 
ceipts and disbursements passed. Besides, his statement is 
based not only upon memory, but upon vouchers and written 
records of unquestioned reliability. Let us then make a brief 
analysis of his statement: 

ANALYSIS OF STATEMENT OF CAPTAIN M. H. CLARK 
Amount of gold and Silver Coin and 

silver bullion in train when it left 

Danville $327,022.90 

Paid out to soldiers at Greensboro 39,000.00 

Turned over to Captain Clark $288,022.90 

Paid to Alaj. White to pay troops 

(specie) $108,322.90 

Paid to Maj. ■Moses to feed soldiers 

(silver bullion) 40,000.00 

Paid to trusted officers of the navy 

(gold coin and gold bullion) 86,000.00 

Paid four men near Sandersville 

(gold) 6,000.00 

Paid four men near Sandersville 

(silver) 40.00 

Paid Captain Campbell 300.00 

Paid I\Ir. Reagan near Sandersville 3,500.00 244,162.90 

Unaccounted for $ 43,860.00 



136 



THE GEORGIA HISTORICAL QUARTERLY 




In the statement of Captain Clark no mention is made of 
the money necessary to meet the expenses of the trip from 
Richmond to Washington, Ga., nor of the disbursement of 
$1,500 made to Mr. W'heless at Washington to pay off the 
escort under Captain Parker, nor of the $300 paid by Mr. 
Wheless to Lieutenant Bradford noted above. When we con- 
sider the food suppHes, horses, wagons, and various other 
transportation necessities, these expenses must have been con- 
siderable, for such a train and its escort. It is probable, there- 
fore, that most of the sum unaccounted for in the statement 
was thus expended. This is strongly indicated in the statement 
of ]\Ir. Philbrook in the New York Times given above. 

Neither does the above statement of Captain Clark include 
the Liverpool acceptances mentioned by Mr. Reagan, amount- 
ing to about sixteen or eighten thousand pounds sterling. 
These were captured with Mr. Reagan when he was prisoner. 
Neither does it include a large amount of worthless Con- 
federate bonds and currency which were burned as stated by 
Captain Clark. 

Taking up the several disbursements mentioned by Captain 
Clark, we find that the statement that $39,000 was paid to the 
soldiers of General Johnston's Army at Greensboro, N. C, is 
corroborated by General Johnston himself in the interview 
in the Philadelphia Press on December 18, 1881, and by several 
other reliable statements. 

In an interview with General Beauregard in the New 
Orleans Picayune he states that his share of this distribution 
was $1.15. 

Of the $108,322.90 paid to the troops near the Savannah 
river, General G. G. Dibrell, who had charge of these troops 
says : "By direction of Gen. Breckinridge, muster rolls of all 
troops present were made out. This money for the troops, 
upward of $108,000, was turned over to ]\Iaj. E. C. White, my 
division quartermaster (he being the senior quartermaster 
present), and the amount due each soldier, $26.25, was paid 
through the regimental quartermaster on each muster roll. 




THE GEORGIA HISTORICAL QUARTERLY 



137 



Each officer and soldier, including infantry and cavalry, as well 
as Gen. John C. Breckinridge, received just the same amount, 
$26.25." See Avery's History of Georgia, p. 325. 

The $40,000 in silver bullion paid to Maj. Aloses was for 
the purpose of feeding the returning Confederate soldiers. 
$10,000 of this sum was turned over to the Quartermaster 
Department in charge of Felix R. Alexander, Assistant 
Quartermaster under Gen. Alexander R. Lawton, the Con- 
federate Quartermaster General. The remaining $30,000 was 
carried to Augusta by Maj. IMoses under great difficulties and 
by him turned over to Gen. !Molineux, the Federal officer then 
in charge at Augusta, upon his promise to feed the returning 
soldiers and see that the sick in the hospitals were cared for. 
The bullion was weighed and turned out in excess fully $5,000. 
It was turned over by Gen Molineux to one Adams of Massa- 
chusetts, then acting provost marshal of Augusta. It is proba- 
ble that very little if any part of the funds carried to Augusta 
was ever used to feed Confederate soldiers. See Avery's 
History of Georgia, pp. 326-327. 

Concerning the sums paid to }klr. Reagan, Captain Camp- 
bell and the four men near Sandersville, Captain Clark states 
that all of this was taken by the Federal troops when Mr. 
Davis and his party were captured, except the $1,500 paid to 
Colonel Lubbock. This brave officer after a stout resistance 
and great risk retained his money, upon which the party sub- 
sisted during their long imprisonment at Fort Delaware. 

Of the $86 .000 in gold coin and gold bullion paid by Cap- 
tain Clark to a "trusted officer of the Navy" the writer has as 
yet but little positive information. This part of the fund was 
intended by ]\Ir. Davis and his cabinet to be transported out 
of the country, and to be used ultimately in carrying on the 
war beyond the ^Mississippi. It probably fell into the hands of 
the Federal troops, who were scouring the country in every 
direction. 

Avery in his History of Georgia says : "Just after the de- 
parture of General Breckinridge from \\'ashington, with a 
body of cavalry, a cavalryman rode back in a gallop and threw 



138 



THE GEORGIA HISTORICAL QUARTERLY 



a bag of gold coin over the fence around Gen. Toombs' resi- 
dence, and then rapidly rode away. Xo explanation was given 
of this liberal act, no instructions accompanied the money, and 
there was no clew ever obtained as to the motive or purpose 
of the soldier. The bag contained $5,000 in gold currency. 
Gen. Toombs at the time was in great stress for money, and 
was borrowing gold for his contemplated flight out of the 
country, but he swore with a round oath he would not touch 
a dollar of this money. 50 strangely and unexpectedly showered 
upon him. The bag was turned over to Capt. Abrahams, a 
Federal commissary, for the purchase of flour and other pro- 
visions for the returning Confederate soldiers, and Major 
Moses states that his son aided in this disposition of the fund." 

There is no evidence that any of the Confederate funds 
were misappropriated by any of its officials. The main idea 
of those in charge of the funds was, first to provide for the 
Confederate soldiers who were returning through the country, 
mostly on foot, to their homes, and second to transport what 
was left to a place of safety where it might still be used to 
reanimate a hopeless cause. 

In the tragic scenes that marked the closing days of the 
Confederacy, Mr. Davis stands in a clear light. No taint of 
sordid greed or gain clings to his record. Having exhausted 
every material resource in the struggle of his country with 
overwhelming odds, he stood before his captors, as the curtain 
went down, a brave, heroic figure, but penniless. Well might 
he have said, 

"My robe and my integrity to Heaven 
Is all I dare now call my own." 



SIDNEY LANIER: AN APPRECIATION 

BY J. 0. VARNEDOE 

It was in the early part of January, 1858, when I, a callow 
youth of fifteen years, having just matriculated at Oglethorpe 
University, was met by a student, whose acquaintance I had 
previously made. He invited me to his dormitory to hear some 
music. The invitation was gratefully accepted and sincerely 
appreciated. There I met, for the first time, Sidney Lanier, 
who was my friend's room-mate. These two then delighted 
me with the most entrancing music I had ever heard of that 
kind — Lanier with the flute and LeConte with the guitar. 

I was at once impressed with Lanier's personality. Apart 
from the culture and moral refinement, which his face and 
manner indicated, there was a quiet dignity strangely unusual 
in one of his years. This first impression was never dissipated 
by a more intimate acquaintance. His calmness of demeanor 
did not amount to austerity. On the contrary, he was always 
polite and afifable, though never seeking promiscuous com- 
panionship, nor courting popularity. His hair, parted on one 
side, was always brushed back behind his ears. His clothes 
were of good quality, always neat but never ostentatious. He 
carried himself easily and naturally, with just a suggestion of 
stoop in his shoulders. His gait was usually brisk. He showed 
no taste for athletics, — was seldom seen at the gymnasium. 
Music and books were his dearest companions. He did not 
confine himself to his text books, but read extensively. The 
knowledge gained from these sources was reflected in the 
piquancy of the essays he was required to prepare and read 
before his class, as well as the addresses he delivered before the 
student body and the public. "The Philosophy of History" I 
recall as the subject of his Junior address. He was at that 
time only sixteen years of age. His effort evinced thought 
and research far beyond one of his years. He was not con- 
spicuous as a debater, and yet what he attempted was always 
good and creditable. Among ladies his manner was easy and 






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THE GEORGIA HISTORICAL QUARTERLY 



faultless ; but he was not what the students called a lady's man. 
^^'hile uniformly dignified, he would exhibit at times a jaunti- 
ness in singular contrast with his habit. 

With companions of his choice he was jolly and bright, 
enjoying a joke thoroughly and participating in friendly re- 
partee. On one occasion, while engaging in this pastime he 
was misunderstood by one of the students, to whom he was 
addressing his remarks, who denounced him as a liar. Lanier 
immediately struck him, and the student in turn pulled his 
knife and stabbed him in the left side. Upon investigation 
by the surgeon, who was summoned, the wound was found to 
extend only an inch in his body. In about two weeks he was 
able to resume his studies. 

About this time, or shortly thereafter, Lanier united with 
the Presbyterian Church, of which his parents were members. 
\\'hile not conspicuously active as a church member, he was 
carefully observant of the vows he had assumed, and his con- 
duct was beyond reproach. Lanier never participated in any 
of the pranks indulged by some students ; nor was he addicted 
to any of their vices. 

Finding he was about to graduate at the age of seventeen, 
his father removed him from college after his Junior year, and 
secured for him a position in the postoffice at Macon, where 
he served as a clerk for one year. He then returned to col- 
lege, and uniting with the class that was below him when he 
left, shared at graduation the first honor of his class. 

Immediately upon graduation, Lanier was elected by the 
trustees to the position of tutor, the duties of which he dis- 
charged with ability and dignity, until the exercises of the 
college were suspended by reason of the impending war. 

It is worthy of notice that, up to this time, no hint was 
given of the presence of the poetic fires that must have been 
smouldering in his soul. Of his devotion to music, his fond- 
ness for letters and his diligence along all lines of research, 
together with his high character and attractive personality, 
he had furnished ample evidence. 



THE GEORGIA HISTORICAL QUARTERLY 



141 



At the age of sixteen, we find him poHte without afifecta- 
tion : cultured without ostentation ; kind without pretension ; 
poised without undue stiffness; conscious of his splendid gifts, 
yet modest withal. These were the characteristics of the boy, 
and they became more pronounced in the development of his 
wonderful career. He advanced imperially, though not ar- 
rogantly, to the first place in his class, and maintained it with 
royal mien. He extorted the tribute of admiration without 
kindling the venom of jealousy. Shams he despised. One of 
the distinguishing characteristics of genius is the presence of 
ambition. Lanier sought to excel. He was a student. He 
recognized the fact that wealth of gifts furnishes no royal 
pathway to knowledge. Conscience also, as well as ambition, 
impelled him to diligence. \\'hile cordial to all, he had few 
associates ; and they were chiefly of those whose musical bias 
attracted his companionship. !Music, rather than intellectual 
affinity, was the potent influence that determined the choice 
of his comrades. Learn from this how completely this over- 
mastering passion held him thrall, and forced him, in after 
life, to forsake all other pursuits, and over the protest of his 
friends, follow the beckonings of his predilection. What agony 
he must have endured from the contention of opposing forces 
— the clamorous pleadings of this passion on the one hand, 
and the insistent demands of environment, on the other! 
When he returned from a Federal prison, whither he had been 
taken as a prisoner of war, broken in health, and stripped of 
all means of support, the exigency of the moment compelled 
him to engage in distasteful pursuits. He passed successively 
from a clerkship to the schoolroom, and thence to a law office ; 
but the atmosphere of these vocations he found not only un- 
congenial but positively stifling. It is well for America and the 
world that, at this juncture, he defied all opposition, and chose 
a vocation in which, by his splendid gifts, he sweetened and 
gladdened the lives of men. It was given to him to see things 
that were often hidden from the vision of others. He could 
detect music in sounds that were not audible to the common 
ear. Through an alchemy unknown to the less gifted, he could 



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THE GEORGIA HISTORICAL QUARTERLY 




extract honey from dry bones, and feast himself upon morsels 
most delicious, of his own creation. The same breeze that 
brought nectar to his sore lungs, filled his sensitive ear with 
the music of cat birds, or the song of the lark. The soughing 
of the pines or the rustling of the marshes fell upon his ear 
like a mother's lullaby. Xor was he dependent upon Nature's 
lavish gifts, wherewith to nourish his soul with entrancing 
delights. His own creative imagination could provide soul 
feasts, the exhilarating effects of which would often leave his 
body exhausted by the very thrill of joys, scarcely less than 
supernal. 

Were he on a desert isle, he could feast his vision upon 
gardens of roses, surmounted upon the grandest mountain. 
What others passed by unheeded he clothed with attractive 
robes, and they at once became things of beauty and delight to 
his poetic vision. He extorted tribute from all objects and all 
conditions. No, not all — war, strife, hatred — he turned from 
these with a horror akin to that with which one regards a 
pest house. 

"His life was gentle, and the elements 
So mixed in him that Nature might stand up 
And say to all the world. This was a man." 

There was in him, to use his own words, no "barbaric grab 
of the senses at whatever there is of sensual good in the 
world." s,. 

His life was pitched on a plane too lofty to find satisfaction 
in the gross and grovelling — these he spurns, and voices his 
conception of life in the beautiful "Song of the Chattahoochee" 
"I am fain for to water the plain. 
Downward the voices of Duty call. 
Downward, to toil and be mixed with the main." 

His religious views, in sympathy with his mental habits, 
refused to be incrusted in the stereotyped forms of orthodoxy. 
He invented for them simpler moulds, as when writing to his 
wife, he makes this statement : "Christ gathered up the ten 
commandments, and redistilled into the clear liquid of that 



y 







THE GEORGIA HISTORICAL QUARTERLY 



143 



wondrous eleventh, Love God utterly and thy neighbor as 
thyself.'' Forms were nothing to hiin but the vehicles of 
devotion, love and worship. 

Here we have a combination of genius and probity — of 
purity and strong mentality — the subordination of every faculty 
to the high claims of truth and virtue ; and all of his splendid 
gifts of mind held in leash at their bidding. Beneath the 
generous soil that produced such a Hfe, there must have been a 
rich stubstratum of Christian virtue, which was responsible for 
the moral and religious bent, evidenced in all of his writings, 
and made conspicuous in his private life. If he suffered more 
than others by reason of his sensitive nature, and the wearing 
disease that so early fastened itself upon him ; by the same tok- 
en, he felt thrills of joy seldom known to mortals. This is one 
of the compensations generous Nature extends to all of the 
afflicted sons of earth. His love for his wife was beautiful 
beyond compare, and in triumphant contrast with the simply 
tolerant estate, that so often marks that holy relationship. His 
song — -"^ly Springs" — is no less a tribute to his heart than to 
the charming eyes of his wife. He reaches the climax in that 
song in the last two lines, where he says : 

"I marvel that God made you mine, 
For when He frowns, 'tis then ye shine." 

With a body often tortured with pain, and unceasingly de- 
pressed by a relentless disease, there was superadded oftimes 
the harrying consequences of poverty. Yet, in these despites, 
his wife was never forgotten. AMien separated from his com- 
panionship, as was often the case, she was regularly the re- 
cipient of messages of tenderest love and encouragement. 

As has been suggested, music became to him a passion, and 
held him enthralled, as a charmer holds his victim. To him 
music had a language, passionate, pure and sweet, which none 
could interpret better and which he constantly employed as a 
vehicle for his thoughts, his aspirations, his hopes, his fears, 
and his emotions. To ears prosaic that language is unin- 
tellisrible. but to his it was as luminous and sweet as an 



1 



144 



THE GEORGIA HISTORICAL QUARTERLY 



angelic whisper. In fact he did not hesitate to trace its origin 
to Divinity ; as when he writes : "Music means harmony, 
harmony means love, and love — is God." 

It has been suggested that his poetic genius was the off- 
spring of this passion for music that so held his soul in vas- 
salage. However this may be. certain it is that the interblend- 
ing of these superb gifts gave a character unique to the ex- 
ercise of either. The critics have attempted to disparage 
Lanier, by comparing him with Whittier, Longfellow and 
others. Such comparisons are not only odious but unjust. 
Lanier's genius blazed its own way, and compelled him to 
ignore the technique obser\-ed by his predecessors and con- 
temporaries. It has been claimed for his contemporaries and 
others, that they were the poets of the people ; Lanier was the 
poet of poets. His genius scorned beaten tracks. Others may 
follow, but he must choose paths of his own creation. For this 
reason, Time alone can justly fix his place in the galaxy of 
poets. Let us not forget that that genius of war — Napoleon — 
discarded all established rules, and by that token, won his 
brilliant victories. 

It is noticeable that, while carping critics are endeavoring 
to rob him of his well-earned repute. Time is weaving a chaplet 
of imperishable renown, wherewith to crown him. His poems 
have already been adopted as a text book in some of the edu- 
cational institutions of England. His supremacy as a musician 
is unchallenged, and his primacy among American poets is 
being more firmly established, as the years go by. His scintil- 
lant genius will radiate with increasing sheen adown the cor- 
ridors of time. Gifted son of Georgia, Poet, Musician, Com- 
rade ; hail and farewell, 

"Until the day dawn and the shadows flee away." 



Kl 



ANTIQUITIES OF SOUTHWEST GEORGIA INDIANS 
BY H. T. Mcintosh 

Authorities are not agreed as to the number of Indians in 
North America when white men first set foot on the shores of 
the western world. Really, there are no authorities, though 
there have been many speculators willing enough to make 
estimates. That these estimates show wide variance is not 
surprising when it is considered that there is practically no 
historical data available to those who know so little yet long 
to know much about the strange people who held this land up 
to the time of the white man's coming. 

Southwestern Georgia belonged to the Creeks, though the 
Seminoles held sway over a strip of country extending well 
above what is now part of Western Florida. Albany is not 
far north of the Hne which separated Creek from Seminole 
country, and there appears to have been a sort of "no man's 
land" extending for some distance both above and below the 
boundary. 

But though these people left no written history, though there 
are no temple ruins or cave walls inscribed by aboriginal 
hieroglyphists, and even though most of their tribal legends 
seem to have been lost as completely as the Indians themselves 
have vanished from this part of the country, it is possible for 
us to know a good deal about them. 

For it is not the whole truth to say that the Indians left no 
written history of themselves or that white men have not 
found and read it. The history is here. Its characters are 
decipherable and understandable, and the messages, many of 
them strange and some pathetic, are familiar to those who have 
cared enough for them to seek and find them. It is not history 
of the kind we get from library shelves, and those who wrote 
it knew nothing of pencils, pens or paper. 

What they wrote was written in stone, and there must have 
been many thousands of authors. The work of some is far 



146 



THE GEORGIA HISTORICAL QUARTERLY 






more polished than that which others left, but that there were 
many master workmen among them — geniuses whose names 
are lost but some of whose masterpieces have been preserved — 
is clearly established. 

All the foregoing is a circumlocutory approach to a simple 
statement that might better suffice in bringing the matter to 
the attention of a reader not particularly interesed in Ameri- 
can archaeology — the statement that some of the most remark- 
able Indian relics this country has produced have been found 
in Southwestern Georgia. But one who has collected thou- 
sands of specimens of the Indian stone-craftman's handi- 
work has also learned to see in them something more than 
mere arrow-heads, drills, scrapers, knives, lance-heads, toma- 
hawks, hoes, etc. There is a hint of the individuality of the 
maker in every artifact, just as the personality of a writer is 
more or less intimately reflected in every letter he writes. 

About twelve years ago the writer began the collection of 
Indian relics. It was merely a hobby which ofifered relaxa- 
tion and opportunity for greater intimacy with the woods and 
fields. In the beginning there was no suspicion in the col- 
lector's mind that he was about to make some most interesting 
discoveries. No one in Southwestern Georgia had ever taken 
the trouble to attempt anything more ambitious than school- 
boy collections of arrow-heads, and no one seemed to know 
that thousands of the most beautiful speciments of "art in 
stone" as his art was developed by the American Indian were 
to be found in Dougherty and neighboring counties. 

The making of the collection has been a most delightful 
task (yet more pastime than task), but it is of the collection 
itself that something is to be set forth briefly here. 

One remarkable fact on which collectors and archaeologists 
have commented is the seemingly endless variety of the col- 
lection's specimens. Gathered in half dozen counties and four- 
fifths of it in two of the six, it contains artifacts that duplicate 
practically all specimens that have been found in all other 
parts of the country. 



THE GEORGIA HISTORICAL QUARTERLY 



147 




Be it understood that these references are to work in flint — 
to the chipped artifacts and not to ground and poHshed stone. 
The coUection contains a number of fine specimens of the 
latter class — celts of many sizes up to seven pounds in weight ; 
grooved axes, mortars and pestles ; pipes and calumets of which 
the largest weighs more than six pounds ; ornaments, dis- 
coidals, etc. There is also some interesting pottery in the 
collection, but it is chipped-flint specimens, ranging from 
triangular points that a silver dime will cover to agricultural 
implements weighing more than seven pounds, that make the 
collection unique. 

Another thing about these Southwest Georgia specimens 
which never fails to excite the admiration of collectors is the 
rare beauty of the materials from which the aboriginal crafts- 
men fashioned their implements — materials which are found 
in the lower Flint river valley and nowhere else. 

On village sites near Albany, and as a rule not far from the 
river, there may be found chips and fragments of a dark red 
flint which the Indian artisans held in high favor. The ma- 
terial was rare, and only along the lower Flint has it been 
found at all. It is noticeable that specimens made of this ma- 
terial, whether broken or in a perfect state of preservation, 
show evidence of having been fashioned by expert workmen. 
It would almost appear to have been a tribal rule that when 
nodules or small ledges of this flint were found they were to be 
placed at the disposal of the tribe's master craftsmen. In the 
collection at Albany there is a group of twenty -two perfect 
specimens made of this material — three marvelously chipped 
arrow-heads with bevel edges, a long, narrow knife, two large 
spear-heads and a triangular lance-head, a scraper, a gouge, a 
couple of tomahawks, a spade the size of a man's hand and ten 
arrow and spear-heads of different shapes. Held up to an 
electric light, these beautiful implements show a clear trans- 
lucency that never fails to excite wonderment and admiration, 
for the red is like that of garnets held in the sunlight. The 
"red group" in this collection is matched in no other. 



148 



THE GEORGIA HISTORICAL QUARTERLY 



Less beautiful but quite as interesting as the red specimens 
are those whose material is white or yellow. The yellow is 
nearly always translucent, though most of the white flints are 
opaque. Some of the yellow specimens are of rare beauty, 
the texture of the material lending itself to the delicate chip- 
ping which became a lost art with the advent of the rifle, the 
steel knife and other metal utensils which the w'hite man in- 
troduced to the aborigine. 

There are various groups of spear-heads, arrow-heads, 
drills, etc., in the Albany collection which have been arranged 
because of their appeal to the human eye's appreciation of rich 
coloring, for some of the most wonderful flints found in South- 
west Georgia are almost startlingly variegated. In one group 
there is a broad spear-head, beautifully chipped to edges as 
regular as those of a blade of corn, and in which there is every 
shade of red and pink from crimson to flesh color. There are 
veins like pen-lines, rosettes of red in pink and pink in red, and 
mottlings of dozens of shades that quite beggar description. 
In the half-dozen "color groups" there are many specimens 
which combine rich coloring for effects that are rarely beauti- 
ful — specimens no less interesting to the geologist than to the 
archaeologist. Reds, pinks, browns, grays, purples, buffs, 
creams and even an occasional flash of blue or green make a 
medley of color found in the flints of no other section of the 
country. 

There was almost nothing — certainly nothing of which he 
had serious need — which the Indian of Southwest Georgia 
could not fashion from the native flints. In the group of drills 
in the Albany collection there are more than fifty specimens, 
ranging from very small ones finely pointed to others as 
large as a cigar. Some have handles for convenient holding 
when making holes in wood or tough animal skins, and many 
are beautiful specimens of the stone-chipper's art. 

In the knife group there are knives of all sorts and sizes. 
The largest is a ceremonial implement ten and a quarter inches 
long and more than two inches wide, pronounced by all who 



.■«« 



THE GEORGIA HISTORICAL QUARTERLY 



149 



have seen it one of the finest specimens in American collec- 
tions. There are double-edged knives, knives with handles for 
hafting, moon-shaped knives and long, pointed knives that 
would make excellent dirks. Not the least interesting are 
knives of a type which those who claim to speak "with au- 
thority" declare were used in such crude surgery as the Indians 
practiced. The cutting edges of some of these "surgical in- 
struments" are still exceedingly sharp, but the modern man who 
examines them is thankful that he lives at a time when and in 
places where hospitals and the blessings of anaesthesia are 
available. 

The owner of a collection of Indian relics which have been 
gathered in his own neighborhood is in danger of letting his 
enthusiasm run away with his better judgment when he is 
asked to write something concerning his hobby. He is apt to 
forget that, while most men ride hobby horses, few men care 
to ride hobbies of the same kind. There are many things 
about the Albany collection that the owner finds interesting, 
and this article might be extended through many pages. But 
it would be at the risk of being tiresome, and what has been 
told is no doubt quite sufficient. 

Certain it is that no Georgian who studies the beautiful 
artifacts which have been gathered in the Southwestern section 
of the State can for a moment doubt that the Creeks and Semi- 
noles of the long ago were a wonderful people, and that their 
appreciation of the beautiful and symmetrical was as highly 
developed as the rare skill of their tribal artisans. 



THE COMMISSIONS OF GEORGIA TO 

BENJAMIN FRANKLIN TO ACT AS 

COLONIAL AGENT 

The fact that Dr. Benjamin Franklin was appointed to act 
at the Court of St. James as the agent of four of the American 
Colonies during the period of uneasiness beginning with the 
proposal to pass the iniquitious "Stamp Act"and the years im- 
mediately following is one not so largely treated of in history 
as it deser\-es to be. 

\\'hen Grenville, in 1764, gave notice of his intention to 
introduce that measure, Pennsylvania sent Franklin, as her 
agent, to prevent if possible its passage. The act was passed, 
as is well known, although he advised that the Colonies submit. 
He did not, however, cease to use his influence against its 
rigid enforcement, and that influence contributed to its re- 
peal ; but the act was again passed, and then Massachusetts, 
New Jersey, and Georgia appointed him their agent to act for 
them in the period between that time and the separation of 
those Colonies from the mother country. 

In a letter to Wm. Franklin, dated London, 2 July, 1768, he 
said : 

"When the late Georgia appointment of me to be their 
agent is mentioned, as what may detain me, I say, I have yet 
received no letters from that Assembly, acquainting me what 
their business may be; that I shall probably hear from them 
before that packet sails; that, if it is extraordinary and of 
such a nature as to make my stay another winter necessary, 
I ma)- possibly stay, because there would not be time for them 
to choose another ; but, if it is common business, I shall leave 
it with Mr. Jackson and proceed. 

'T do not, by the way, know how that appointment came 
about,* having no acquaintance that I can recollect in that 
country. It has been mentioned in the papers some time, but 

♦James Parton, author of a Life of Franklin, suggests that ho wiU 
recommended by the Rev. George Whitefield. 



"Wlq 



THE tiEORGIA HISTORICAL QUARTERLY 



151 



I have only just received a letter from Governor Wright, in- 
forming me that he had that day given his assent to it, and ex- 
pressing his desire to correspond with me on all occasions, say- 
ing the Com.mittee, as soon as they could get their papers ready, 
would write to me and acquaint me with their business." 

Dr. Franklin was, as he said in the foregoing letter, in- 
formed of his appointment first by Governor Wright who, at 
the same time, mentioned that a committee had been appointed 
to "acquaint him with their business." The action of that 
committee is now given. 

On Tuesday, November 7, 1769, in the Georgia Commons 
House of Assembly, the Speaker, Noble Wymberley Jones, 
presented a copy of a letter which, by order of the House, he 
had written to Dr. Franklin, as Provincial Agent, in these 

^'°^^^- "Savannah, December 24th, 1768. 

"To Benjamin Franklin, Esquire. 
"Sir : 

"By direction of the Commons House of Assembly of the 
Province of Georgia, I Herewith transmit you their Address 
to our most gracious Sovereign, which I, on their behalf, desire 
you will please to have presented as soon after the receipt as 
possibly may be ; the manner of presenting it is left to you, 
whether in person or otherways. 

"I also enclose the resolution of the House authorizing me 
to transmit the same to you, the House, entirely confiding in 
your approved zeal for the welfare and the preservation of 
the rights and liberties of America, make not the least doubt 
of your concurring with the Agents of the other Colonies in 
endeavors to obtain a repeal of those Acts of Parliament so 
grievous to his Majesty's loyal subjects of this Continent and 
destructive of that harmony which ought to, and they earnest- 
ly wish may, subsist between the ]\Iother Country and its 
Colonies, a restoration of which, we doubt not, you and they 
will earnestly, warmly and as much as possible promote. 

"I am very respectifully, 

"Y'r most obed't servant, 
"NOBLE WYMBERLEY JONES, "Speaker." 



J 



153 



THE GEORGIA HISTORICAL QUARTERLY 



The letter of Speaker Jones was sent probably with the 
Commission which follows : 

AN ORDINANCE, 
Appointing Benjamin Franklin, Esquire, Agent to solicit the 
affairs of this Province in Great Britain. 

Whereas, there are many important affairs necessary to be 
represented, solicited and transacted in Great Britain which 
can not be effectually done without having an agent there, AND 
WHEREAS, the General Assembly of his Province have 
through Benjaming Franklin, Esquire, a proper person to be 
appointed for the purposes aforesaid ; BE IT THEREFORE 
ORDAINED, and it is hereby ordained by his Excellency, 
Jas. Wright, Esquire, Captain General and Governor in Chief 
of his Majesty's Province of Georgia, by and with the advice 
and consent of the Honourable Council and Commons House 
of Assembly of the said Province, in General Assembly met 
and by the authority of the same, that the said Benjamin 
Franklin be, and he is hereby declared nominated and appointed 
Agent to represent, solicit and transact the affairs of this 
Province in Great Britain. 

AND BE IT FURTHER ORDAINED that the said Ben- 
jamin Franklin shall be and he is hereby fully authorized and 
impowered to follow and pursue all such instructions, as he 
shall from time to time receive from the General Assembly of 
this Province or from the Committee hereinafter appointed to 
correspond with him. 

AND BE IT FURTHER ORDAINED that the Honour- 
able James Habersham, Noble Jones, James Edward Powell, 
Lewis Johnson, and Clement Martin, Esquires, the Honour- 
able Alexander Wylly, Esquire, John Mullryne, John Smith, 
Noble Wymberley Jones, John Milledge, John Simpson, Archi- 
bald Bulloch, William Ewen, and Joseph Gibbons, Esquires, 
until others shall be appointed or any seven of them, two of 
which to be of the Council : Provided, nevertheless, that if 
after being summoned in consequence of an order from any of 
the Committee by the Clerk or other person appointed by them 



THE GEORGIA HISTORICAL QUARTERLY 



153 



for that purpose to meet the Committee, they shall refuse or 
neglect to attend then any seven of the persons before named, 
shall be and they are hereby nominated and appointed a Com- 
mittee to correspond with the said Benjamin Franklin and give 
him such orders and instructions from time to time as they 
shall judge to be for the service of this Province * * * 
AND r,E IT FURTHER ORDAINED that there shall be 
allowed and paid unto the said Benjamin Franklin for his 
Agency the sum of One Hundred Pounds Sterling Money of 
Great Britain over and above his reasonable charges and dis- 
bursements on his application to the seVeral Offices and 
Boards in negotiating the affairs of this Province. AND BE 
IT FURTHER ORDAINED that the said Benjamin Franklin 
shall be and continue Agent for this Province for one whole 
year to commence the first day of June next in the year of our 
Lord one thousand, seven hundred and sixty-eight. 

By order of the Commons House of Assembly. 

ALEX WYLLY, Speaker. 

By order of the upper House of Assembly. 

N. JONES. 
Council Chamber, nth April, 1768. 
Assented to : 

JA: \ARIGHT. 

The Committee provided for in the Commission, or Ordi- 
nance, to correspond with Dr. Franklin, prepared a letter fully 
informing him what was to be done by him, and leaving no 
room for doubt as to the business laid out for him to do. That 
document is now given : 

"Savannah in Georgia the 19th May, 1768. 
"Sir: 

"From the Great opinion the Governor, Council and As- 
sembly have entertained of your integrity and abilities, they 
have unanimously concurred in appointing you by an Ordinance 
agent to transact the affairs of this Province in Great Britain, 
and we have now the pleasure of enclosing you an authentic 
copy of the said Ordinance by which you will see that we, 
with some other persons therein named, are appointed a com- 



y 



154 



THE GEORGIA HISTORICAL QUARTERLY 



M 



m. 



h\\ 



mittee to correspond with and instruct you in such matters 
as we may have in charge from the General Assembly to 
recommend to your solicitation as well as any other matters 
which may occur to us during the recess of the said General 
Assembly that we may judge to be for the service of the 
Province. 

"About two months ago our Governor received his 
Majesty's Royal Disallowances and Repeals of two Acts of 
Assembly which we think of great moment to the welfare of 
this Province, namely, 'xA.n Act for the better ordering and 
governing Negroes and other Slaves in this Province, and to 
prevent the inveigling or carrying away Slaves from their 
masters or employers, passed the 25th March, 1765.' Also an 
Act passed the 6th March, 1766, for encouraging settlers to 
come into the Province and for granting to his Majesty the 
sum of 181 5 lbs. Sterling to be issued in certificates by the 
Commissioners herein named for the said purpose and also 
for the rebuilding the Court House in Savannah, in conse- 
quence of an Act of the General Assembly passed the 29th 
February, 1764. The former Act or something similar to it 
we can not possibly subsist without. You know that our 
staple commodities, which in general are the same with those 
of South Carolina, can not be cultivated and produced without 
a number of hands, and that it has been found from years ex- 
perience how that while it would add to the Burthen in this 
Climate and therefore it was absolutely necessary to allow us 
the free use of slaves, our first law for the better ordering 
and governing negroes (passed soon after the King's Govern- 
ment took place here) in the year 1765, was framed on the 
plan of that of South Carolina, and we never heard any ob- 
jection against it. The before recited Law of 1765, now 
repealed, was passed on the expiration of the former, and wc 
thought it was framed on more extensive and humane pnn- 
ciples than our former law, or that now in force in South 
Carolina, and, as we are informed, no reasons now given to the 
Governer for its repeal, we are truly at a loss to guess what 
was exceptionable in it. This repeal came to the Governors 




I 






THE GEORGIA HISTORICAL QUARTERLY 



155 



hands a few days before the dissolution of the late General 
Assembly, and as he well knew the difficulties and distresses 
the want of such a law must involve us in, he very kindly 
and prudently consented to the passing a temporary law where 
every clause in the former law that could be supposed excep- 
tionable was left out, by which means it is too contracted and 
can not answer all the purposes such a law should extend to. 
\Yc therefore desire you will inform yourself of the objections 
made to our former law, and acquaint us of them that they may 
if possible be avoided in framing a new one (for the present 
law is only to continue in force for one year) which may at 
the same time m^eet with the approbation of Government as 
well as answer our local circumstances. 

"Wc are also equally in the dark in regard to the objec- 
tions to the last recited law, for encouraging settlers to come 
into the Province, and unless it may be the issuing certificates 
to be sunk in a certain time to defray the services thereby in- 
tended. The Court House is now very near finished, and is 
not onl}' an ornament to this town, but a credit to Government 
and some people have come and more will come into the 
Province to settle under the Faith and encouragement of this 
lav.', tho' repealed, who must not be disappointed ; but how 
that is to be avoided is a question not easily resolved, and sure- 
1}^ those are objects that might (with submission) be supposed 
commendable and consequently to most with countenance not- 
withstanding any little impropriety in the means of effecting 
them. Our legal currency in this Province does not exceed 
seven thousand pounds sterling which is much, very much, too 
little to answer the present medium of trade and as that daily 
increases so does our distress in proportion ! We are thorough- 
ly convinced that a larger emission of paper currency than 
may be requisite for the medium of trade must be attended 
with bad consequences to the Province, but at the same time 
we will know, and indeed it must be obvious to any one, that 
as we have very little opportunity of bringing in any bullion 
that our trade and commerce must stagnate without such a 
temporary medium as we can establish among ourselves on 



Mi 









156 



THE GEORGIA HISTORICAL QUARTERLY 



substantial and sufficient funds, which, if we are restrained 
from doing, it's impossible we can think of carrying on any- 
public works, however necessary, or give any encouragement 
for the further settlement of the Province because both must 
be done by ready money or certificates that may answer the 
same purpose, and therefore we request you will inform us 
what reasons were assigned for the Royal disallowance to 
this law, which we need not say may be best understood from 
the report made thereupon by the Board of Trade to his 
Majesty. 

"We are very sensible, the salary allowed you, tho' as 
much as has been ever given to any agent of this Province 
and is indeed what we can at present afford, may not be equal 
to your services, yet we hope you will accept of our agency, 
and generally promote our interest and appear and solicit 
against what you may think may be injurious to our trade and 
future prosperity, of which you will please to advise us that 
you may receive our instructions thereupon. * * * jj-ijg 
Province, if it meets with no illadvised check, we are per- 
suaded must soon become very advantageous to the ^Mother 
Country and considerable in itself. We entirely confide in 
your known prudence and good sense to serve us and are, 
with great respect, 

"Sir, 
'"Your most obt. Hble. Servants, 

"JAMES HABERSHAM, 
"NOBLE JONES, 
"LOUIS JOHNSON, 
"N. W. JONES, 
"JOHN MILLEDGE, 
"ARCHIBALD BULLOCH, 
"WILLIAM EWEN, 
"P. S. We need not acquaint you that the Governor trans- 
mits to the Board of Trade authenticated copies of all laws 
and ordinances passed here under the seal of the Province 
that you may perhaps hear of your being appointed our 
agent before this may reach you. 




THE GEORGIA HISTORICAL QUARTERLY 



157 



Benjamin Franklin, Esquire, Agent for the Province of 

Georgia. First copy per the Britannia Capt. Deane. Second 

* * * 



per 



"Sir: 



Savannah, the 26th May, 1768. 



"The foregoing is dupHcate of our letter of the 19th instant, 
which was forwarded by the Snow Britannia, Captain Deane, 
and we have now the pleasure of enclosing you another copy 
of the Ordinance, and remain with Esteem, Sir, 

"Your most obedient humble Serv'ts. 

"Signers of the copy of the foregoing letter to Mr. Frank- 
lin, viz: James Habersham, N. Jones, Archibald Bulloch, 
John ]\Iilledge, William Ewen, Alexander Wylly, Jos. Gibbons, 
John Mullryne, N. W. Jones." 

In presenting to the House of Assembly the copy of the 
letter to Dr. Franklin, in the month of November, 1769, 
Speaker Jones also reported the receipt of two letters from 
the former relating to his apointment and the efforts made by 
him to carry out his instructions as Georgia's agent, and the 
House, by resolution ordered those letters entered upon the 
journal. The first was dated London, April 3, 1769, and 
began by acknowledging the receipt of the letter of the latter 
of the 24th December in the year 1768, together with the ad- 
dress of the Commons House of Assembly. It is a long letter, 
and only a portion of it is here quoted. He stated that "the 
Agents * * * have done their utmost by separate solicita- 
tions to obtain a repeal of the injurious Acts, but hitherto in 
vain, and we are told it is not to be expected this summer. 
Hints are indeed given that if everything remains quiet in 
America possibly they may be repealed next year," etc. The 
other letter was dated June 7, 1769, and in it, after referring 
to the former communication, the writer added "since when 
Parliament has risen without repealing the duties that have 
been so generally complained of * * * that it was the full 
intention of his Majesty's servants to propose early in the 
ensuing session the repeal of the duties on glass, paper and 
painters' colors." It concluded with these words: "If I can 



158 



THE GEORGIA HISTORICAL QUARTERLY 



* * * render any acceptable service to your Province in 
particular, tho' you should not think proper to continue the 
appointment, it will be a very great pleasure to me." 

The Georgia Gazette of the 13th of April (Thursday), 
1768, briefly mentioned the appointment of Benjamin Frank- 
lin to that important office in these words : 

''During the last session of the General Assembly an 
Ordinance was passed appointing Benjamin Franklin, Esq., 
Agent to solicit the affairs of this Province in Great Britain." 

Alassashusetts, through her Speaker of the House of Repre- 
sentatives, on the nth of February, 1768, sent a letter to the 
other Provincial Assemblies of America, seeking their co- 
operation in opposing the offensive measures adopted by 
Great Britain in trying to place unbearable burdens upon the 
people settled in her Colonies on this side of the Atlantic, and 
when the copy for Georgia reached Savannah, the Legislature 
had adjourned. However, the Speaker of the Assembly, Mr. 
Alexander Wylly, undertook the work of framing a reply in 
which he said that "Before the dissolution of the last Assembly 
the House took under consideration the several late Acts of 
Parliament for imposing taxes and duties on the American 
Colonies, and, being sensibly affected thereby, ordered the 
committee of correspondence to instruct our Provincial Agent, 
Mr. Benjamin Franklin, to join earnestly with the other 
Colonies' Agents in soliciting a repeal of those Acts, and in 
remonstrating against any acts of the like nature for the 
future. These instructions have been transmitted to Mr. 
Franklin, and I have no doubt but he will punctually obser\-c 
them," etc. 

The ordinance, or commission, already given made the ap- 
pointment for only one year, but, at the expiration of that 
time, it v,as renewed by the passing of another, as follows : 

AX ORDINANCE. 
For reappointing Benjamin Franklin, Esquire, Agent to solicit 
the aft'airs of this Province in Great Britain, to commence 
the first day of June next and to continue for one year. 



^■^^m 



THE GEORGIA HISTORICAL QUARTERLY 



159 



WHEREAS, the Ordinance appointing Benjamin Franklin, 
Esquire, Agent for this Province in Great Britain will expire 
on the first day of June next, Be it therefore ordained AND IT 
IS HEREBY ORDAINED by his Excellency, James Wright, 
Esquire, Captain General and Governor in Chief of his 
Majesty's Province of Georgia by and with the advice and 
consent of the Honourable Council and Commons House of 
Assembly of the said Province in General Assembly met and 
by the authority of the same, that the said Benjamin Franklin 
be and he is hereby declared nominated and reappointed Agent 
to represent, solicit and transact the affairs of this Province in 
Great Britain. 

AND BE IT FURTHER ORDAINED That the said 
Benjamin Franklin shall be and he is hereby fully authorized 
and impowered to follow and pursue all such instructions as 
he shall from time to time receive from the Committee herein- 
after appointed to correspond with him. 

AND BE IT FURTHER ORDAINED That the Honour- 
able James Habersham, Noble Jones, James Edward Pov.ell, 
John Graham and James Read, Esquires ; John Mullryne, John 
]\Iilledge, Archibald Bulloch, William Ewen, Charles Odin- 
sells, Philip Box, ^^'illiam Young and Richard Cunningham 
Crooke, Esquires, until others shall be appointed or any seven 
of them, two of which to be of the Council, shall be and they 
are hereby nominated and appointed a Committee to corre- 
spond with the said Benjamin Franklin, and give him such 
orders and instructions from time to time as they shall judge 
for the service of this Province. And the said Agent is hereby 
directed and required in all his Provincial correspondence to 
address his letters to the person first named in this Ordinance 
and the other members of the said Committee, who shall as 
soon as may be, order the Clerk or other person appointed to 
summon the members of the said Committee to meet and take 
under consideration the matters contained in such letters and 
in case of the absence from Savannah of the person first in 
nomination then any other member of the Committee who shall 
be present shall cause the said Committee to be summoned and 







160 



THE GEORGIA HISTORICAL QUARTERLY 



proceed to business as before directed, but no letter to be 
opened or the seal broken upon pretense whatsoever before 
such number of the Committee as aforesaid are met ; Provided 
nevertheless, that if after being summoned as aforesaid any 
of the persons so summoned shall refuse or neglect to attend 
then any seven of the Committee before named are hereby im- 
powered to proceed to business as aforesaid. 

AXD BE IT FURTHER ORDAINED that there shall be 
allowed and paid unto the said Benjamin Franklin for his 
Agency, the sum of One Hundred Pounds Sterling Money of 
Great Britain over and above his reasonable charges and dis- 
bursements on his application to the several Offices and Boards 
in negotiating the affairs of this Province. 

AXD BE IT FURTHER ORDAINED that the said Ben- 
jamin Franklin shall be and continue Agent for this Province 
for one whole )'ear to coir.mence the first day of June next in 
the year of our Lord one thousand, seven hundred and seventy. 

By order of the Commons House of Assembly. 

N. W. JONES, Speaker. 

By order of the upper House of Assembly. 

JA^IES HABERSHAM, President. 
Council Chamber, loth ^May, 1770. 
Assented to: 

JA: WRIGHT. State. 

Concurrent with the reappointment of the Colonial Agent, 
the Legislature took steps to inform Dr. Franklin fully as to 
the action taken, and the Legislature hastily adopted the order 
which follows, and the committee of correspondence prepared 
the letter of information in addition to the order, as now 
given : 
"Ordered, 

"That the Deputy Secretary of the Province do prepare 
copies of the Ordinance reappointing the Provincial Agent 
passed the 27th February last, and of that passed yesterday; 
also the present election law and of the Negro law passed 
yesterday. 



y 



WrCi. i 




THE GEORGIA HISTORICAL QUARTERLY 



161 



At a meeting of the Committee appointed to correspond 
with Benjamin FrankHn, Esq., Agent for transacting the 
affairs of this Province in Great Britain, at the State House 
at Savannah, on Friday the nth day of May, 1770. 
The Honorable 

JAMES HABERSHA^I, 
NOBLE JOXES, 
JA^IES EDWARD POWELL. 
The Honorable NOBLE W. JONES, Speaker, 
WILLIAM EWEN, 
PHILIP BOX, 
RICHARD C. CROOKE, 

Esqrs. and Present. 

The Board appointed John Simpson, Esq., Clerk to the 
Committee and ]\Ir. Robert Bolton messenger, and then wrote 
the following letter to be forwarded by the Snow Britannia, 
Capt. Stephen Deane : 

"Savannah, Georgia nth ]\Iay, 1770. 
"Sir: 
"The Britannia, Capt. Deane. 

"As we expect a ship is now at Cockspur Road at the 
entrance of this river bound for England and as we hope to 
get this on board, we embrace the opportunity of acquainting 
you that two Ordinances have been passed by the General As- 
sembly, one reappointing you Agent for this Province passed 
the 27th February last, ending the first June next and another 
passed yesterday for another year ending the ist June, 1771. 
We have not a moment's time (the boat waiting to carry this 
on board) to say anything on public business of which we 
have several matters in charge and will be prepared to go by 
a ship now here that will sail in all this month with copies of 
the Ordinances properly authenticated. There is 100 lbs. pro- 
vided for you the present year, and enclosed you have our 
Governor's Certificate for one hundred pounds for payment of 



162 



THE GEORGIA HISTORICAL QUARTERLY 



which you will apply to John Campbell, Esq. (his Majesty's 

Agent for this Province) for your service from June, 1768 

to 1st June, 1769. 

"We are, Sir, etc., 

"J. HABERSHAM, 
"NOBLE- JONES, • 
"J. E. POWELL, 
"N. W. JONES, 
"WM. EWEN, 
"PHILIP BOX, 
"RICHARD C. CROOKE. 

"To Benjamin Franklin, Esq., Agent for the Province of Geor- 
gia in London.'' 
Finally a third ordinance was passed, making the period 

of Dr. Franklin's agency last until the year 1773, in the paper 

which is now given : 

AX ORDINANCE. 

For reappointing Benjamin Franklin, Esquire, Agent to solicit 
the affairs of this Province in Great Britain. 

\\'HEREAS, the Ordinance for reappointing Benjamin 
Franklin, Esquire, Agent for this Province in Great Britain 
is expired. We therefore pray your most Sacred IMajesty that 
it may be Ordained, AND BE IT ORDAINED by his Ex- 
cellency, Sir James \\right, Baronet, Captain General and 
Governor in Chief in and over his Majesty's Province of 
Georgia by and with the advice and consent of the Honour- 
able Council and Commons House of Assembly of the said 
Province, in General Assembly met and by the authority of 
the same, that the said Benjamin Franklin be and is hereby 
declared and reappointed Agent to represent, solicit and trans- 
act the affairs of this Province in Great Britain. 

AND BE IT FURTHER ORDAINED that the said Ben- 
jamin Franklin shall be and he is hereby fully authorized and 
impowered to follow and pursue all such instructions as he 



THE GEORGIA HISTORICAL QUARTERLY 



163 



shall from time to time receive from the General Assembly 
of this Province or from the Committee hereinafter appointed 
to correspond with him. 

AND BE IT FURTHER ORDAINED that the Honour- 
able Noble Jones, Anthony Stokes, James Edward Powell, 
John Graham, James Read, and Henry Younge, Esquires ; the 
Jionourable William Young, Esquire, Noble Wymberley Jones, 
Joseph Clay, Esquires ; Sir Patrick Houstoun, Baronet ; Thomas 
Netherclift, John Simpson, William Le Conte, Thomas Shru- 
der, David Zubly, Thomas Young, and Thomas Carter, 
Esquires, until others shall be appointed or any nine of them 
(two of which shall be of the Council) shall be and they are 
hereby nominated and appointed a Committee to correspond 
with the said Benjamin Franklin and give him such orders 
and instructions from time to time as they shall judge to be for 
the service to this Province, and the said Agent is hereby 
directed and required in all his letters to the person first named 
in this Ordinance and the other members of the said Com- 
mittee, who shall as soon as may be, order the Clerk or other 
person appointed to summon the members of the said Com- 
mittee to meet and take under consideration the matters con- 
tained in such letters, and in case of the absence from Savan- 
nah of the person first in nomination then any other member 
of the Committee who shall be present, shall cause the said 
Committee to be summoned and proceed to business as before 
directed, but no letter to be opened, nor the seal broken upon 
an\- pretence whatsoever before such members of the Com- 
mittee as aforesaid are met ; Provided, nevertheless, that if 
after being summoned as aforesaid any of the persons so sum- 
mcined shall refuse or neglect to attend, then any nine of the 
committee before named and empowered to proceed to business 
as aforesaid. 

AND BE IT FURTHER ORDAINED that there shall 
be allowed and paid unto the said Benjamin Franklin for his 
Agencv the sum of One Hundred and Fifty Pounds Sterling 




164 



THE GEORGIA HISTORICAL QUARTERLY 



Money of Great Britain over and above his reasonable charges 
and disbursements on his appHcation to the several Officers and 
Boards in negotiating the affairs of this Province. 

AND BE IT FURTHER ORDAINED that the said Ben- 
jamin Franklin shall be and continue Agent for this Province 
for one year, to commence from the first of November next the 
year of our Lord one thousand seven hundred and seventy.* 

By order of the Commons House of Assembly. 

^^TLLIAM YOUNG, Speaker. 
By order of the Upper House of Assembly. 

JAMES HABERSHAM, President. 
Council Chamber, 29th September, 1773. 
Assented to : 
JA: WRIGHT. 



•1773. Error in original act. 



'"'WBP 



QUERIES AND ANSWERS 



Scotchman. — According to the inscription on a stone in 
the old cemetery (now Colonial Park) in Savannah, General 
Lachlan Mcintosh attained the rank of Major-General. I have 
not elsewhere seen that distinguished patriot given a higher 
title than Brigadier-General. Is there any authority for the 
statement on the mounment ? 

The only record of the fact that General Lachlan Mcintosh 
reached a higher grade than that of Brigadier-General that we 
have discovered is contained in Francis B. Heitman's "His- 
torical Register and Dictionary of the United States Army," 
in which it is mentioned that on the 30th of September, 1783, 
]\IcIntosh was made a Brevet Major-General. Heitman is con- 
sidered the best authority on such matters, and his work just 
named was, by action of Congress, purchased by the United 
States, and published as a Government document. 



Solicitor. — After the surrender of the charter and the resig- 
nation of the Trustees, how was Georgia governed? 

The best reply we can give to this question is the following 
paragraph, from a report made by Sir James Wright, De- 
cember 20th, 1773, on the condition of the Province of 
Georgia : 

"Since the surrender of the charter by the Trustees the 
Constitution of this Government is established by and de- 
pends upon his ^Majesty's commission and instructions to 
his Governor, by which he, with the concurrence of the Council 
and the House of Assembly (to consist of a certain number to 
be elected by the free-holders as their Representatives), or 
the major part of them, is empowered to make laws, statutes 
and ordinances for the public peace, welfare and good govern- 
ment of the Province and the inhabitants thereof, which laws, 
etc., are not to be repugnant but as near as may be agreeable 
to the laws and statutes of Great Britain." 



166 



THE GEORGIA HISTORICAL QUARTERLY 



A. P. C. — I have been told that one of the first fortifications 
erected in Georgia was on land now in Bryan County. Kindly 
give me some description of it. 

\\'ithin a year after the coming of the first settlers, Ogle- 
thorpe directed the building of a fort on the Ogeechee river, 
as a part of his system of defenses, and called it Fort Argyle, 
in honor of John, Duke of Argyle, his friend. It was gar- 
risoned by Captain ^IcPherson with a detachment of Rangers. 
Shortly afterwards ten families from Savannah settled there 
and began to cultivate the lands at that point; but in a few 
years there remained scarcely a trace of the fort, and nothing 
now is there to show that it ever existed. The Rev. George 
White, in his "Statistics of the State of Georgia," named it as 
one of the "remarkable places" in Bryan County, saying that 
it "stood upon the west bank of the Ogeechee river, built in 
1733 as a defense against the Spaniards." 



m 



w 



'l >■ 



: fl 



:: *: 



EDITOR'S NOTES. 



We gladly publish the article by Mr. Otis Ashmore in this 
number, giving so interesting an account of the Confederate 
Treasure. The subject has engaged the attention of many 
writers, but we doubt whether any one has given the matter 
more attention than the writer of the article herein printed, 
and we are sure that our readers will find in it facts both new 
and of special interest. Mr. Ashmore has not exhausted the 
subject, and has promised us another paper from the addi- 
tional material he has on hand ; and we hope to present it soon 
— possibly in the December number. 



The subject of Indian relics, such as implements of stone, 
shells, and bone, is one of general interest, and there are many 
collectors in our State of those articles; but we know that 
there is not one who has the matter more at heart than Mr. 
H. T. Mcintosh who gives us a graphic description in this 
number of a small portion of his fine and choice collection of 
rare specimens. The paper is of intense interest, and we 
hope to have more on this subject in the future, trusting that 
■i,; \ our friend will comply with the desire which we predict will 

come from our readers for further contributions from his pen. 



From our good friend, Major J. O. Varnedoe, of Valdosta, 
we have one of the most delightful sketches in the form of a 
tribute to the memory of a Georgia poet that it has ever been 
our privilege to read. Who can ever fail to be delighted with 
words appreciative of the genius and character of our beloved 
Sidney Lanier? This is a sweet morsel of true regard for a 
man who, though an invalid, could at all times, in spite of his 
sufferings, joyously describe the things which tend to make the 



168 



THE GEORGIA HISTORICAL QUARTERLY 



heart glad and bring the greatest enjoyment of the pleasures 
of a life he knew he could not long endure. We want to 
hear again, and soon, from the writer of this sketch. 



Having commented on the merits of the matter in this num- 
ber from three of the members of our much loved Georgia His- 
torical Society, and with gladness that the writers have will- 
ingly contributed to our periodical in a way that is so help- 
ful, we close this department now with the request that other 
members come to the help of the editor with articles for our 
pages, without special soHcitation. 



<^VciK,^:S. ' ,uv!, g-f t^ I. . ' - , ' _! i-i ' , 



!Ai. " i. ■' ""> ^ ^^; ^ I 'Li V J ^t: v"j; 






V '. . 



E(|iR GI A HISTG> RIGA^B; 



15" i ^■ 



EvJ ■ / 



i^ 







PUBLISHED BY THE 



IGEORGIA HISTORICAL SOGIETY 

'SAVAiSlNAH, GEORGIA 



I 



VOL. n No. 4 



DECEMBER, 1918 



:'*•'?' 









iMiiM'J^-'' 












CONTENTS 



.;'. L^)^ 



Georgia Historical Quarterly, December. 1 9'! 8. >; , -. '4.^ 





■•l' ^, - - ■ ,- .- 




■■,- '"'. . ~<, -^ w 







1 



?-:; /-' ■'-''''• ;/■"■;- -■ ■ ' -^ '1' ■' . \-:\ -X .■ -■^ -: . '' ■ "Pages/ 
■ Th? Story or the Virginia Banks FuNDst, '______ 

; "' • -i.____I_k.:l_____ ____^____jB3; Otis Ashmore 171^1970 

'; A Neglected Periop of Georgia History— ______ 

::;;> '^ v". _-__-_---U__i:_____L_l____I:_-___Bj)-f/feJSc?ifor' 198^224^ 

-'''''■■"■'" ' '."••'.' :.^^;-'^' ■; ".-^^ /•, ;,;•, /.-v'-Ai^' 
:---v_; Queries and Answers— •___—,^__ _;.____ . \^2$': 

':•-' Editor's NoTES^-__-__ j_i.i:i__-___'___-l_-_-_w^-- 

























THE 

GEORGIA HISTORICAL 

QUARTERLY 




PUBLISHED BY THE 



GEORGIA HISTORICAL SOCIETY 



SAVANNAH, GEORGIA 



DECEMBER, 1918 



Printed for the Society by 
BRAID & HUTTON. INC., 

SavaDnab, Georgia 



THREE DOLLARS A YEAR 




THE 

GEORGIA HISTORICAL 

QUARTERLY 



Vol. II 



DECEMBER, 1918 



No. 4 



THE STORY OF THE VIRGINIA BANKS FUNDS 

A DRAMATIC EPISODE OF THE WAR BETWEEN THE STATES 

By OTIS ASHMORE 



% 



i 



About six o'clock on the peaceful afternoon of May 24, 
1865, a trim, little, black-eyed man on horseback with soldierly 
' * •• bearing rode up to my father's home near the quiet village of 
Lincolnton, Ga., and called for my half-brother, who only a 
few days before had returned ragged, footsore and weary from 
the fateful field of Appomattox. This trim, wirery Httle man 

was Dr. M ^ of Kentucky, a Confederate soldier, who with 

many others from the border States was stopping for a time 
in Georgia, till the dangerous situation at home would permit 
him to return. His temporary abode was with one of our 
neighbors only half a mile away, and he and my half-brother 
had the fellow feeling and comradeship which four long years 
of common hardship and dangers develop in the hearts of 
men. My half-brother had followed Longstreet throughout 
the entire war, and, after walking almost the whole distance 
from Appomattox to Georgia, had at last found a welcome 
at his Georgia home. The fortunes of the Southern people 
had been swept away, and he, like all the rest of the Con- 
federate soldiers, had received scant pay for his services. 

The two men retired to the edge of the yard and engaged 

for some time in a low earnest conversation. After a time my 

half-brother ordered one of the servants to saddle his horse, 

: ' and went to his room to change his clothes and buckle on his 

y 



172 



THE GEORGIA HISTORICAL QUARTERLY. 



pistols. As he passed through the hall going out, my mother, 
suspecting that something was wrong, stopped him, and en- 
treated him to tell her where he was going. The times were 
perilous, the negroes had just been freed, men were desperate, 
the Ku KIux Klan was secretly forming, and human life it- 
self was little valued. Having failed to evade her entreaties, 
he frankly told her that the Confederate treasure train would 
encamp that night at a point about ten miles distant, and that 

it was the purpose of Dr. M and himself, together with 

many other Confederate soldiers, to raid the train, overcome 
the guard, and take the money. They justified themselves in 
this contemplated act by the argument that the money, which 
they believed was the property of the Confederate States gov- 
ernment now destroyed, rightfully belonged to the Confederate 
soldiers, who had not been paid for their services, and that 
if they did not take it that night, the Federal forces, who were 
scouring the country in every direction, would capture it in a 
few hours. Whereupon my mother burst into tears, and 
begged him not to enter upon so dangerous an undertaking, say- 
ing that the treasure would be strongly guarded and defended, 
and that he would be killed. She told him that he had just 
returned from a dreadful war of four years, and that she 
could not think of letting him go upon this perilous raid. He 
finally yielded to these entreaties, and Dr. M , much dis- 
appointed at this decision, mounted his horse, and, lifting his 
jaunty Confederate cap to us all, galloped off towards the 
setting sun. I can see him now as he sped away, a gallant 
knight to my boyish imagination, never to be seen again. That 
night the treasure train carrying $450,000 in specie was cap- 
tured by the raiders, and the sensation produced next day was 
like an earthquake. The excitement spread with explosive 
violence, and soon lurid pictures of escaping raiders, pursuing 
cavalry, bags of hidden gold and silver, and wholesale arrests 
flashed upon the scene. 

But. let us turn for a time from this truly dramatic episode 
to the circumstances which led up to it. in order that we may 
see the picture in its clear historic setting. 



S" 




THE GEORGIA HISTORICAL QUARTERLY. 



173 



It has been shown in a previous article how President Jef- 
ferson Davis, upon the evacuation of Richmond, ordered the 
Confederate treasure to be transported southward, and how 
that treasure was strongly and faithfully guarded throughout 
its long, and eventful journey to Washington, Ga., where it 
was finally disbursed or captured. The same fear that com- 
pelled the transportation of the public Confederate funds 
southward induced also the owners of private funds to seek 
safety for their belongings, for the advancing and unopposed 
Federal troops were already on the outskirts of the city, and 
prompt action was necessary. 

Among the private property thus jeopardized were the 
funds of certain Virginia banks, whose officers hurriedly de- 
cided to place these funds under the protection of the same 
military escort provided for the Confederate funds, and to 
transport them on the same train Southward to a place of 
safety. This was done. On the evening of April 2, 1865, 
these banks funds were put on the Confederate treasure train, 
placed in charge of their own bank officials, and started out 
upon their long and eventful journey. The details of this 
journey as far as Washington, Ga., have been given in a pre- 
vious article, but it remains to trace the history of these banks 
funds from their origin through a long and devious road to 
their final fate. 

After the Confederate funds had been disbursed and dis- 
posed of as already shown, the Virginia banks funds, which had 
been kept separate, and which had been deposited in a bank 
vault in \\'ashington, Ga., were turned over to their own of- 
ficers. These officers loaded the funds upon wagons, and 
with them they set out on the return trip to Richmond. At 
nightfall on i\Iay 24th the wagon train encamped near the 
home of Rev. Dionysius Chenault in- Lincoln County, about 
fifteen miles northeast of Washington. It was here that the 
raid occured, and the raiders thought that the money taken 
belonged to the Confederate government. They knew nothing 
of any Virginia banks funds. 



■T" 



174 



THE -GEORGIA HISTORICAL QUARTERLY. 




Many of the raiders escaped with their booty, and some 
hid sacks of gold in the neighboring woods till it could be 
moved without danger. The officers of the banks went back 
to Washington and prevailed upon Gen. E. P. Alexander, who 
had just returned to Washington from Virginia, to go to their 
assistance. The following extract from an interview with 
Gen. Alexander in the Louisville Courier Journal in 1881 
throws an interesting light upon the episode : 

THE MONEY OF THE BANKS. 

"The greater portion of the money belonging to the Rich- 
mond banks was deposited in an old but very secure vault in 
Washington, where it remained for several months, when it 
was called for by a number of accredited representatives from 
the Richmond banks. They loaded it in wagons and started 
to Richmond with a very insufficient escort. Just after pass- 
ing Danburg they were assaulted by a number of stragglers 
from the Confederate army, who were living off the Country. 
The bank officers were tied and the treasure secured. Next 
morning the officers freed themselves and gathered up about 
$40,000 which their assaulters had dropped in their flight. 

"They went back to Danburg and induced a few armed 
men to assist them in recovering the funds. The men who 
had robbed the bankers were overtaken, but no more of the 
money was secured, as the Danburg men thought the bankers, 
getting $40,000, ought to be satisfied. The Richmond gentle- 
men then came to Washington, and urged me to organize a 
party of trustworthy young men, and see if the whole amount 
could not be recaptured. 

"I soon had quite a company of boys armed with pistols, 
and accompanied by Judge Reese, who was to issue the war- 
rants, we started off. Reese had been a Judge during the 
existence of the Confederacy, and the next morning, feanng 
he might be persecuted for usurpation, he declined to issue the 
warrants. We came on a party of the guerrillas who had 
about $80,000 of the money in charge. They said they did not 
know it was private property ; believing it to belong to^ the 
Confederacy they thought they were as much entitled to it as 



•::.x; 



THE GEORGIA HISTORICAL QUARTERLY. 



175 




left our party somewhat depleted. After that, considerable 
discussion followed, and wearying of it, I ordered four of our 
prisoners to mount and prepare for a march. By this time 
quite a number of persons had gathered around, and abused 
us for arresting former comrades to deliver over to the Yan- 
kees. I assured them I did not propose to deliver them to the 
Yankees, but that I wished to put the rightful owners in pos- 
session of their property. When I ordered the prisoners to 
move, instead, they jumped from their horses, and with arms 
in their hands, assaulted their assailants. 

"I tell you I was in about as close quarters as ever I was in 
my life. The friends of the guerillas had increased in num- 
ber, while we had nothing but pistols. For a moment affairs 
looked dark. A dozen or two loaded guns and pistols were 
leveled at the heads of each other, and the first shot would 
have been the signal for a bloody affray. 'Stop boys,' said I 
to our party, 'we do not wish any bloodshed ; these men say 
they know where the remainder of the money is. If they will 
agree to deliver it tomorrow we will turn back.' Finally this 
was agreed to, though I had no expectation that they would 
keep their promise, but I was anxious to keep what we had 
secured. We then started back. After we had gone soma 
distance they turned to pursue us, which they did for about 
five miles ; but we finally reached Washington, having recover- 
ed about Si20,ooo in all, leaving $250,000 to $300,000 in pos- 
session of the outlaws, who hid it under clumps of trees, under 
brush, in caves and other such places for the time being, and 
no more of it was ever obtained from them." 

In another interview with General Alexander in the At- 
lanta Constitution in October, 1883, he says: 

"The matter is so well known that it is hardly necessary to 
do more than state the leading points, which are that the 
money in the wagon train, which was' raided near Danburg, 
was not Confederate money and never did belong to the Con- 
federate treasure or been under control of the Confederate 
government or any of its military officers. It was not left in 
charge of any Confederate officers in Washington, but was 

V 



176 



THE GEORGIA HISTORICAL QUARTERLY. 



any one else, but promised to take us where the remainder was 
concealed. This $80,000 was started back under escort, which 
deposited in the vault of the old branch bank of the State of 
Georgia, which was in the house then occupied by Dr. Robert- 
son, who was the cashier of the branch bank, and it remained 
in his control until two cashiers of the Richmond banks came 
for it to take it back to Richmond. The train was raided near 
Danburg, as described in the article by Captain McLendon, 
and the bank cashiers only succeeded in getting back some 
seventy thousand dollars. The only connection that I had in 
the matter was to go up to Danburg, accompanied by Judge 
Wm. M. Reese and one of the bank cashiers, to arrest the 
parties concerned in the raid and bring back the $70,000 that 
had been collected. I took along five or six ex-Confederate 
soldiers from Washington as a guard. When we reached 
Danburg one of the cashiers, who had remained there, advised 
that we would need a larger force, and we added to the guard 
some seven or eight citizens of the neighborhood. I arrested 
five or six raiders. After we had arrested them I sent off all 
of the guard which I had brought from Washington to arrest 
another party at a house some distance in our rear, and which 
we had passed. When we were ready to start back to Washing- 
ton from Mr. Chenault's house we found that the guard which 
we had collected about Danburg had been persuaded by friends 
of the prisoners to leave us, and when I called on them to 
mount, none of them mounted, and friends of the prisoners, 
a number of whom had collected, put arms in their hands, and 
it was plain that we could not carr}' them off without a fight. 
Judge Reese, who accompanied us to represent the law, was of 
the opinion that he could give no legal authority for the use of 
forces in carrying out the arrest, as the civil authority of all 
the state officers was suspended. So, after a conference be- 
tween him and the bank cashiers, it was decided to release the 
prisoners on their promise to return what money they could 
collect. The prisoners asserted that they had raided the traui 
under the impression that the money was the Confederate 
treasure, but being convinced that it was private property, they 




i 




THE GEORGIA HISTORICAL QUARTERLY. 



177 



were willing to surrender it. During this conference there was 
for a moment a prospect of a fight between one of the cash- 
iers and the remaining guard who had come with me from 
\\'ashington on one side and the prisoners and some of their 
friends on the other. Pistols and guns were leveled, but on 
my request to the cashiers and guard to wait for orders be- 
fore doing any shooting, the whole difficulty was averted, 
and there was none of the disarming spoken of in the narra- 
tive of Captain ]\IcLendon. Neither was the money, which 
had been collected, at the house of Mr. Chenault, but with 
Judge Reese and the bank cashiers, I went back to Danburg, 
where it had been placed and got it, collecting the rest of the 
guard on the way. 

''From Danburg we carried the money to Washington, and 
if we were pursued by any party we were never aware of it. 

"On getting the money back to Washington it was replaced 
in the vault of the bank, and there all my connection with it 
ceased, and I never received personally one dollar of it. Of 
course the matter was very much talked of all over the coun- 
try, and the Federal General, \\'ilde, already notorious for his 
harsh conduct towards the citizens of Norfolk, came to \\'ash- 
ington and took possession of the money and went to Danburg 
to endeavor to find more. There he was guilty of all the out- 
rages described in Captain McLendon's narrative without ex- 
aggeration. Popular report has it that the money is still in 
the Federal treasury at Washington, and the Richmond banks 
have never been able to recover it." 

Note — These two extracts from interviews given by Gen. 
E. P. Alexander are copied from his scrapbook by the courtesy 
of the family. The following note in the handwriting of Gen. 
Alexander is appended to the interview printed in the Louis- 
ville Courier Journal, and it accounts for some discrepancies 
in them : 

"The above is wretchedly misquoted and involved, and in 
some respects entirely incorrect. — E. P. A." 

At the time of this raid it will be remembered that Georgia 
was under military law. General Wilde, of the Federal Army, 




178 THE GEORGIA HISTORICAL QUARTERLY. 

who was in charge of this department, had his headquarters in 
Washington, Ga. A few days after the raid General Wilde 
sent a detachment of Federal soldiers to the scene to arrest all 
suspected parties, and to recover, if possible, more of the 
treasure. Among those arrested were Rev. Dionysius Chen- 
ault and his wife, Mr. John N. Chenault, (brother of Diony- 
sius), his wife, his son, Frank, sixteen years old, his daughter. 
Miss Mary Ann, seventeen years old, and some of the servants. 
It was thought that since the wagon treasure train had en- 
camped for the night near the homes of the Chenaults they 
were parties to the raid, and that they probably had some of 
the money in their possession. 

The military party took Dionysius, John and Frank Che- 
nault out into the woods and put them to the most excruciating 
torture in order to force a confession from them. The writer 
knew all of the Chenaults personally. Dionysius was a very 
large man, weighing about three hundred pounds, and Frank 
weighed at that time about two hundred pounds. The Che- 
naults were prominent citizens of high character, and Diony- 
sius (or Nish, as he was called) was a local Methodist 
preacher. These men had their hands tied behind their backs 
and swung up by the thumbs until their feet were lifted from 
the ground. John Chenault fainted and came very near dying. 
However, these and other tortures failed to force a confession. 
The facts abundantly showed afterwards that the Chenaults 
knew nothing of the contents of the wagons, and that they did 
not participate in any way in the raid. The Chenault family 
were carried to Washington and submitted to the most hum- 
iliating treatment during an investigation, which resulted in 
their complete vindication and release. 

The following statement of Mrs. ]\Iary Ann Shumate, 
formerly Miss Mary Ann Chenault, was obtained from her in 
1903 by Miss E. F. Andrews, of Washington, Ga., and fur- 
nished to the writer through the courtesy of her sister, Mrs. 
T. M. Green, of the same city. 



THE GEORGIA HISTORICAL QUARTERLY. 179 

THE TORTURING OF THE CHENAULT FAMILY. 

"The following account of the outrages perpetrated upon 

the Chenault family of Lincoln County by Gen. Wilde, of 

^lassachusetts, in July, 1865, is from the personal narrative of 

Mrs. Mary Ann Chenault Shumate, one of the sufferers, and 

the only one now living. I give it as nearly as possible in 

her own words, as related to me. After being written down, 

the narrative was again revised by Mrs. Shumate and her 

younger sister, Mrs. Sallie Chenault Ramsey, who vouch for 

its correctness by signing their names below. April 15th, 1903. 

"Eliza Frances Andrews, Historian, 

"Last Cabinet Chapter, U. D. C. 

"Washington, Ga." 

"The reason why the Yankees treated us so badly was be- 
cause they thought my father and brother were among the 
Confederate soldiers that charged the wagon train with the 
money belonging to the Richmond banks, but Pa didn't know 
anything at all about it. He was in bed asleep at the time. 
Some of the men that were in it were staying at our house 
and wanted to wake him up and get his advice, but the others 
said they were afraid he would try to stop them, and so they 
wouldn't wake him. There wasn't any Wilkes County men 
in it — they were mostly Tennessee and Kentucky men that 
made the charge, Gen. Vaughn's men were in it, but not the 
General himself. 

"The way they came to be at our house was — you know 
everybody in those times took in sick and discharged soldiers 
to house them until the war was over, or they were able to 
get back to their homes. There were so many Union people 
in Tennessee and Kentucky that the soldiers from these states 
couldn't go back home without being arrested. So Pa and 
Uncle Nish (^Mr. Dionysius Chenault) both had their houses 
full, and most of the neighbors too. We had so many most 
of the time, that there wasn't room to sleep them in the big 
house, so we fixed up outhouses and slept them there. 



y 



180 



THE GEORGIA HISTORICAL QUARTERLY. 



"The men that charged the wagon train didn't know the 
money belonged to the banks ; they thought it was the Con- 
federate treasury, and as they knew the Yankees would take it 
anyhow, they thought that they, being Confederates, had a 
better right to it than the people that had come down here to 
tob us of our property. Gen. Breckinridge had come the 
night before and camped at Mrs. J. D. Moss's with his cabinet 
(staff). He had something to do with the Confederate treas- 
ury, and had with him a box of jewelry that had been contri- 
buted by the women of the South for the building of a gun- 
boat. They gave their bracelets, necklaces and rings, their 
jewelry and silverware of all kinds, to help the government, 
and Gen. Breckinridge brought it from Richmond with the 
Confederate treasury. I never saw such a splendid collection 
of silver and jewels as was in that box. ^^'hen he went off 
next morning, he left this box with Mrs. ]\Ioss to take care of. 
She kept it for several weeks, until the Yankees heard of it 
and came and got it, at the same time they imprisoned us. 
They took all our own silver and jewelry, too, pretending that 
we got it from this box. The next night when the bank wagon 
train came along, the soldiers thought it was the rest of the 
Confederate treasury, and charged the train because they 
thought they had as good right to it as anybody else, and they 
didn't want the Yankees to get hold of it. 

"When Gen. Wilde and the Yankees came to Washington, 
they heard about the money being captured, and Angelina, one 
of our negroes that grand-ma had raised, and that had nursed 
ma and all grandma's children, ran off to the Yankees and 
told them that pa had some of that gold and jewelry. He did 
have a little money, but it was his own that he had saved up 
through the war, and ma and Aunt Deasy (Ardesia, ]\Irs. 
Dionysius Chenault) had watches and some other trinkets of 
their own, but it was nothing worth looking at along with the 
fine things in that box. But Angelina had seen our poor little 
trinkets and went and told the Yankees that Pa had -stole 
them, and that he knew all about the charging of the train. So 
Gen. Wilde, he had oceans of soldiers with him, came out to 



n 




THE GEORGIA HISTORICAL QUARTERLY. 



181 



arrest pa and Uncle Nish. The first thing they did was to kill 
the house dog, "Jeff Davis." We children were all standing in 
the window watching to see what was going on, when the dog 
ran out and barked at them, they all laughed and shouted, 
'■Kill Jeff Davis, Kill Jeff Davis!" Pa hollered and begged 
them not to kill the dog, but they shot the poor thing dead, 
and punched him through with their bayonets. They had 
learned the name even of the dog before they came out, and 
they made a great laughing and hoorahing when they shot him 
because they had killed Jeff Davis. 

"They then arrested Pa (^Nlr. John N. Chenault) and 
brother (]\Ir. Frank Chenault) and Uncle Nish, and carried 
them off to the woods to make them tell where the gold was, 
and hung them up by their thumbs. They tied their hands be- 
hind them and hung them up by the thumbs, with their feet 
off the ground. Brother Frank was not quite i6, but very big 
for his age, he weighed 200 pounds, so it was awful on him. 
Pa was forty years old, and never very strong, he fainted un- 
der the suft'ering so dead away that they got scared and 
thought they had killed him. He never got over it. Their 
thumbs were all as black as the chimney, when they came back 
home, and their hands were so black and swelled up that it was 
a long time before they could use them. They were swung 
up three times and kept hanging by the watch, counting the 
minutes, leaving them up just as long as they could stand it 
without being killed. They said the pain was so great that 
after the first time they begged the Yankees to shoot them 
dead rather than suffer so again. They were kept out in the 
woods all day and all night and then brought under arrest to 
\\'ashington. 

"They took Tom, Pa's body servant, and hung him up be- 
cause he wouldn't say Pa had the money. Tom was the son 
of Angelina, who had caused all the trouble by her lies, but he 
was as faithful as his mother was mean. Negroes are strange 
creatures ; you can never tell when to trust them and when not. 
Whenever the Yankees would ask Tom about the money and 
he said he didn't know, they would holler out, "Hang him up 



i 



183 THE GEORGIA HISTORICAL QUARTERLY. 

again," and they kept stringing up the poor darkey because 
he couldn't tell them what he didn't know, and he wouldn't lie 
like his mother had done and say that Pa had it. 

"None of the neighbors came near us ; they were afraid of 
being treated the same way, and they couldn't have done any 
good. 

"While Gen. Wilde had Pa and the rest of them in the 
woods, some of the soldiers came to the house and began 
cursing and abusing Ma and the children. The little ones ran 
away to the fields and staid hiding out for a day and a night, 
till the Yankees all left. The youngest, John, was only six 
months old and his faithful old nurse, Mandy, carried him off 
to her cabin. Another negro, Mary, took the next younger on 
her back and carried him over to Mr. Jim Willis's, three miles, 
wading a creek on the way. Then she made her way to Wash- 
ington, where Ma had been carried, and waited on her all the 
time she was kept in prison there. The other children were 
taken by the negroes to Mr. Jim Barkesdale's, who took care of 
them until the rest of us were set free. 

'i 

"I was the only one old enough to know what they were , ! 

about, and before carrying us to Washington, they took Ma 
and me and Aunt Deasy (Mrs. Dionysius Chenault) and shut 
us up in a room with Yankees all around to guard it, and 
forced us to strip off our clothes while Angelina came in and 
searched us. We cried and tried to cover ourselves, but it 
was no use to make a fuss, it only made things worse. They 
didn't find any gold on us but they took the little parcel of 
gold Pa had in the house, and brought us all to town (Wash- 
ington, Ga.) and kept me, Ma and Aunt Deasy locked up as 
prisoners in the jury room at the court house. The court 
house was full of men that they had arrested about various 
things. They wouldn't allow us to speak with anybody out- 
side, but our good servant, IMary, who had followed us from 
home, waited on us faithfully and attended to all our wants. 
She is living now (1903) in Dalton, and works in a bank as 
janitress. We had provisions sent us from home, and the peo- 



t 



i 






THE GEORGIA HISTORICAL QUARTERLY. 



183 



pie of Washington were as good to us as they could be. Every 
meal they sent us great waiters full of good things to eat, and 
we never had to taste a mouthful of their old Yankee rations. 

"Mr. Reese had always been Pa's lawyer, but he was on the 
bench then and could not act, so Pa engaged ]\Ir. Sam Barnett 
and your father, (Judge Garnett Andrews), to defend us, and 
one of them, I don't remember which, went down to Augusta 
and got an order from the General there to have us released. 
Col. Drayton came to see about it, and Gen. Wilde was sent 
away and Captain Cooley put in his place. Col. Drayton be- 
haved very gentlemanly and sent us back home, just as soon 
as he could finish investigating the case. He had the box of 
jewelry Gen. Breckinridge had left brought into the court 
room and allowed Ma to come and pick out her things from 
among them. Pa's money was given back to him too, but it 
took a sight more to pay counsel and other expenses, so after 
all we were robbed by the Yankee government instead of our 
robbing anybody. Pa was so particular about keeping his fam- 
ily clear, that months afterwards, when he found that a cousin 
of ours had got hold of some of that money, and carried it off 
to the mountains, and hid it away safe, he persuaded him to 
bring it back to \\'ashington and give it up. A good many 
others, when they saw how things were going, got uneasy and 
gave up their share, and so the Yankees got a good deal of it, 
but there were oceans more of it scattered all over Wilkes and 
Lincoln counties, besides what was carried oft. Some of it was 
hid about in swamps and woods, some was buried in the 
ground, and there is no telling how much has been forgotten 
and not found again. 

"It has been so long ago since all these things happened — I 
was just 17 then — that my memory of them is not very clear. 
I hate to think about them, too. The recollection was always 
so unpleasant that I have tried to put it out of my mind as 
much as possible, and so there are a great many things that I 
cannot be perfectly sure about, but what I have told you is a 
true account to the best of my knowledge and recollection. 

(Signed) MARY A. SHUMATE. 



184 THE GEORGIA HISTORICAL QUARTERLY. 

"The foregoing paper has been read aloud in our presence 
and we subscribe our names as witnesses that it is a faithful 
representation of Mrs. Shumate's statement 

(Signed) MARY A. SHUMATE. 

"SALLIE C. RAMSEY." 

Great popular indignation was immediately produced by 
this treatment of the Chenault family, and these cruel and un- 
just acts served only to intensify sectional feehngs and to 
deepen the shadows of the Reconstruction Period. 

As will be seen by the statement of General Alexander a 
considerable portion of the treasure was recovered, but much 
of it disappeared with those raiders who were never caught. 

Dr. ]\I , the jaunty Kentucky soldier, who galloped so 

gracefully away from our home the evening before, was in the 
raid, and we were told that he was last seen riding hurriedly 
away from the camp with a large bag of gold across the -front 
of his saddle. He was never caught, but he probably made his 
way finally back to his old Kentucky home, a richer, if not a 
better man than when he left it. 

There were many wild rumors that bags of gold were hid- 
den about in the woods by those of the raiders who could not 
get away with it at once, and there was considerable truth in 
these reports. One of the prominent citizens of Lincoln 
County, who took no part in the raid, found about $10,000 in 
gold concealed near the scene and carried it home with him. 
For some time he said nothing about it. and no one suspected 
him. General Wilde had offered a reward of ten per cent, of 
any of the funds that might be returned to him. Whereupon 
this gentleman took a portion of his find to Washington and 
claimed the offered reward. He was at once put to torture 
and made to surrender the whole amount without receiving 
any reward at all. 

For many years after the raid rumors of hidden treasure 
were revived. One of these twenty or thirty years after came 
from a statement said to have ben made by a dying man iri 
the West, who claimed that he was in the raid, and that he 





THE GEORGIA HISTORICAL QUARTERLY. 185 

threw a large bag of gold into a certain part of Fishing Creek. 
The particulars of his statement seemed so plausible that some 
parties undertook to pump out this part of the creek, which 
had in the meantime been cut off from the main stream and 
partly filled in. No treasure, however, was found. 

That part of funds captured by the Federal soldiers and 
that recovered by General Alexander finally found its way into 
the United States Treasury in the manner stated above, under 
the assumption that it was the property of the Confederate 
Government, and hence subject to confiscation. A claim was 
made by the Virginia banks upon Congress for a restoration of 
these funds upon the grounds that they were the private prop- 
erty of the banks, and hence not subject to confiscation. Pend- 
ing the investigation and settlement of this claim extending 
over several years, William B. Isaacs and Company of Vir- 
ginia became the successors in interest of the Virginia banKi, 
and they continued to press the claim before Congress. 

The matter was referred to the House Committee on War 
Claims, in the 49tli Congress, ist Session, (1886), and the fol- 
lowing report, v\'hich shows the leading facts in the case, was 
made: 

"The Committee on W'ar Claims, to whom was referred a 
resolution (H. Res. 67) for the relief of William B. Isaacs & 
Co., beg leave to report that the questions involved in this re- 
solution were, by the action of the House in the Forty-fifth 
Congress, referred to the Committee on the Judiciary, and a 
favorable report was made thereon, but no action taken by 
the House. That in the Forty-sixtli Congress like action was 
taken, and again a favorable report was made thereon. In the 
Forty-seventh Congress it was referred to the Committee on 
War Claims, who made a favorable report thereon, but in 
neither case did the resolution have action by the House. 

"The facts in this case have been so often and so fully re-, 
ported that your committee have adopted in the main the re-" 
port from the Judiciary Committee of the Forty-fifth Con- 
gress, as setting forth accurately the facts involved. 



w 




186 



THE GEORGIA HISTORICAL QUARTERLY. 



"That it appears from the papers referred with said peti- 
tion that on the evacuation of Richmond, on the 2nd of April, 
1865, the Bank of Virginia and the Farmers' Bank of Virginia 
withdrew from their said banks about $450,000 in gold and 
silver coin and bullion, principally, however, in gold coin, and 
proceeded with said treasure, under the care of certain officers 
of said banks, to Washington, in the State of Georgia ; tliat on 
the 24th day of May, 1865, the said officers of said banks, to- 
gether with said treasure, set out with a wagon-train from 
Washington, Ga., for Richmond, having the proper permit and 
i^afe-conduct for so doing, issued by General M. B. Patrick, 
provost-marshal-general ; that some time during the night of 
the 24th of May, 1865, being encamped near the Savannah 
river, about 18 miles from Washington, Ga., they were at- 
tacked by an armed cavalry force and their surrender de- 
manded. They claimed the protection guaranteed them under 
the safe-conduct or pass of General Patrick, which was dis- 
regarded, and, under threat of death, they were obliged tq 
submit to being pillaged. These robbers succeeded in carry- 
ing away about $250,000 in gold and silver coin and bullion of 
the said $450,000. The following day that portion of the 
treasure train left intact proceeded on its way to Richmond, 
and finally arrived there. 

"The next day following the robbery, the bank officers re- 
maining behind recovered about $110,000 of the treasure of the 
$250,000, of which they had been pillaged the previous night, 
and carried the same to Washington, Ga., and placed it on de- 
posit with the cashier of the Bank of Washington, where it 
remained under the care and custody of the said officers of 
said Richmond banks until the latter part of July, 1865, at 
which time, having procured a pass and safe-conduct from 
General Steedman, in command of that district, with head- 
quarters at Augusta, Ga., said officers proceeded with said 
$110,000 from Washington to Augusta. That about the ist 
of August said bank oft'icers arrived in Augusta with said 
$110,000 and placed it on deposit in one of the Augusta banks, 
where it remained under the control and within the possession 



t 



y 




THE GEORGIA HISTORICAL QUARTERLY. 



187 



of said officers of said Richmond banks until the latter part of 
August, 1865, General Steedman, in obedience to instructions 
from the authorities at Washington, D. C, requiring the de- 
livery of said $110,000 to a United States Treasury agent, who 
had been sent to Augusta, Ga., took possession thereof and 
delivered it to said Treasury Agent, who thereupon transported 
the same to Washington, D. C., and placed it in the United 
States Treasury. That soon thereafter the officers of said 
Richmond banks proceeded to Washington, D. C., and pre- 
sented their petition in writing to the President of the United 
States and the Secretary of the Treasury, seting forth that 
said treasure was the private property of said banks, and that 
they were entitled to have the same returned to them. That 
after a full investigation of all the facts in connection with 
the matter, the President of the United States, the Secretary 
of the Treasury, and the Attorney-General decided that said 
treasure was the private property of the said banks, and that 
they were legally entitled to have the same turned over to 
them ; and the necessary directions were given therefor. That, 
notwithstanding this dcision, subsequently a joint resolution 
was introduced in the House of Representatives, on the 22nd 
of March, 1867, providing for the covering of said gold and 
silver coin and bullion into the Treasury of the United States, 
which said resolution passed the House on the day on which 
it was introduced, and passed the Senate the, following day. 

"From that day to the present the owners of said treasure 
have been endeavoring to secure the return of said treasure to 
its legal owners. 

"That in June, 1871, under and by virtue of decree made 
by the circuit court of the United States of Richmond, the 
assets of said banks were sold for the benefit of the creditors 
of said banks. That among the assets so sold was the claim 
of said banks for said $110,000 of gold and silver coin and 
bullion. That at said sale said A\'illiam B. Isaacs & Co., be- 
came the purchasers, for the benefit of themselves and others 



18S THE GEORGIA HISTORICAL QUARTERLY. 

as creditors of said banks. That by virtue of said sale said 
William B. Isaacs &, Co. have become the successors in interest 
of said banks in and to said treasure. 

"The question for determination is, was said treasure, at 
the time it was so taken possession of by the United States 
at Augusta, the private property of said banks? If it was, 
then your committee agree that the said banks or their legal 
representatives are justly entitled to receive from the United 
States the value thereof. In the judgment of your committee 
it is deemed the better course to refer the question of owner- 
ship of said treasure for determination to the Court of Claims. 

"Your committee have agreed to the accompanying bill, 
which provides for a reference of this case to the Court of 
Claims for its investigation. 

"Upon the case thus stated there would seem to be little or 
no doubt that the money so taken should be paid over to the 
petitioners, Messrs. Isaacs & Co. But there must have been 
evidently another side to this case, which your committee have 
no means of investigating. 

"The story of the petitioners, as above recited, is supported 
very fully by ex parte affidavits and some documentary evi- 
dence, which, if they state all the facts, would compel thq 
judgment of the committee. Yet your*committee do not fail to 
see that there must have been some other side of this story to 
have required or induced the action of Congress ; some repre- 
sentations must have been made to Congress that should have 
induced both branches to have taken the very prompt action 
which they did in this case, and the President of the United 
States to approve the bill covering this money into the Treas- 
ury of the United States. That side of the case has not been 
presented to your committee, and if it were we have no proper 
and adequate means of investigating it, or the truth of the very 
clear prima facie case made by the petitioners. If the latter 
case should be fully sustained, upon thorough and impartial in- 
vestigation, then it seems clear to your committee that the 
petitioners would be entitled to relief. This seems, therefore, 
to be one of that class of claims which should be investigated 



1 




THE GEORGIA HISTORICAL QUARTERLY. 189 

by a judicial court, with a view that the rights of both the 
Lnited States and the petitioners should be ascertained and 
determined upon evidence taken under all the safe-guards that 
the law requires in the investigation of rights by the courts. 

"Therefore your committee recommend the passage of the 
joint resolution as amended." 

The following petition of the claimants made to the United 
States Court of Claims, filed on April 4, 1887, in pursuance of 
the recommendations of the above report throws still further 
light upon the case : 

"To the Honorable the Judges of said court: 

"The claimants, William B. Isaacs, William G. Taylor and 
John C. Wilhams, partners, under the name and style of Wil- 
liam B. Isaacs & Co., who are citizens of the United States 
and of the State of Virginia, respectfully represent: 



"That this petition is filed under and pursuant to an act of 
Congress approved the day of A. D., 1886, of 

which the following is a copy, to wit: 

JOINT RESOLUTIONS. 

"For the relief of William B. Isaacs and Company. 

"Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
petitions and claim of William B. Isaacs and Company for 
certain assets claimed to belong to them as successors in in- 
terest of certain banks in Virginia, described therein as having 
been taken by the Government of the United States in the 
month of August, eighteen hundred and sixty-five, with the 
accompanying papers now on file in the House of Representa- 
tives, being ^Miscellaneous Documents number five. Second Ses- 
sion, Forty-fifth Congress, be referred to the Court of Claims 
for judicial ascertainment of the facts ; that wherever papers or 
affidavits are made or executed by persons deceased not in- 
terested in the cause, they shall be considered as evidence by 
the court, and given such weight as they may deserve; but 



i 



if" 

ii 

1 




190 



THE GEORGIA HISTORICAL QUARTERLY. 



wherever the affidavits are of hving persons, the evidence shall 
be taken in the usual way, subject to cross-examination on 
behalf of the United States; that the court shall fully ad- 
judicate upon the rights of the parties and the ownership of 
the property described in the petitions, and, as matter of law, 
to whom it should be paid, and report said findings of fact 
and law to Congress for consideration. The said petitioners 
shall not be barred of relief in the said court by reason of any 
act of limitations. 

II. 

"That heretofore, to wit, on the 14th day of March, A. D. 
1865, the Legislature of the Commonwealth of Virginia duly 
enacted a statute, of which the following is a copy, to-wit: 

"AN ACT authorizing a loan to the Commonwealth of 
three hundred thousand dollars in gold and silver poin by the 
several banks, and the application thereof to the use of the 
army of Northern Virginia. (Passed March 14, 1865). 

"ist. Be it enacted by the General Assembly, That the 
auditor of public accounts, acting under the direction and con- 
trol of the Governor, be, and he is hereby authorized and em- 
powered to borrow from the several banks of this Common- 
wealth, in gold and silver coin, a sum of money not exceeding 
in the aggregate three hundred thousand dollars, and to pledge 
the faith of the Commonwealth for the repayment of the same 
in like currency, or its equivalent, by proper certificates of 
indebtedness to be issued to said banks respectively: Provided. 
however, That the time or times to be fixed for such repay- 
ment shall not be earlier than the termination of the present 
war, except at the option of the Commonwealth. 

"2nd. As said money shall be received from time to time, 
the said auditor, acting in like manner under the direction and 
control of the Governor, is hereby authorized to pay over tho 
same, upon the footing of a loan to the Confederate States, 
either to the Secretary of War or to the general-in-chicf 
of the Confederate army, as the Governor may deem most 




THE GEORGIA HISTORICAL QUARTERLY. 



191 



expedient, to be used exclusively for the purpose of procuring 
subsistence for the army of Northern Virginia: Provided, 
however, That before paying over the same it shall be the duty 
of the Governor to obtain from the Confederate authorities 
the best securities they may have in their power to offer 
consistently with the public interests, by way of hypothecation 
or otherwise, in order to secure to this Commonwealth the re- 
payment in like currency, or its equivalent, the sums advanced 
under the provisions of this act. 

"3rd. Be it further enacted, That in determining the pro- 
portion of coin to the circulation of said banks, as required by 
existing laws, the loans to the Commonwealth hereby author- 
ized to be made by them shall be deemed and taken in all re- 
spects as so much coin in the possession and actually belong- 
ing to said banks respectively, so long as said loans shall be 
continued. 

"4th. This act shall be in force from its passage. 

. III. 

"That at the time of the enactment of said last-named act, 
and at the times of the occurences and transactions hereinafter 
specifically set forth, certain banking corporations existed, 
created under the laws of said Commonwealth, to-wit ; 'Far- 
mers' Bank of Virginia,' 'Banks of Virginia,' 'The Bank of 
A'irginia,' 'The Exchange Bank at Norfolk,' 'The Exchange 
Bank of Richmond' (branch), 'The Bank of Commonwealth,' 
'Traders Bank' and 'Bank of Richmond.' 

IV. 

"That under and pursuant to the said act set forth in iho, 
second paragraph of this section, the Governor of said Com- 
monwealth applied to said banks for a loan of money aggre- 
gating the sum of three hundred thousand dollars, and the 



i| 192 THE GEORGIA HISTORICAL QUARTERLY. 

:| said several banks loaned to said Commonwealth the sums fol- 

i| lowing, that is to say : 

ill 

!| Bank of Virginia $100,000 

i ' Exchange Bank at Norfolk 34,ooo 

!| Exchange Bank, Richmond 25,000 

;-! Farmers' Bank of \^irginia 100,000 

Bank of Commonwealth 21,000 

Traders' Bank 12,000 

Bank of Richmond 8,000 



$300,000 . 

"And for the repayment of said loans the said Common- 
wealth issued to said banks, respectively, the evidences of in- 
debtedness in said act provided for. 

V. 

"That the said Commonwealth was a stockholder in the 
banks hereinbefore named, to-wit, the said Farmers' Bank, tha 
Bank of Virginia and the Exchange Bank, and said banks were 
depositories of the Commonwealth in which the said Common- 
wealth kept on deposit moneys of said Commonwealth ; and 
the moneys so loaned were transferred to the credit of said 
Commonwealth on the books of said bank, and were never 
removed therefrom except as hereinafter specifically stated. 

VT. 

"That it was contemplated, as more fully appears by said 
act set forth in the second paragraph of this petition, that said 
Commonwealth should lend said moneys to the Confederacy, 
and should receive from said Confederacy security for said 
loans; that in furtherance of the object in view, it was agreed 
that the loan of said moneys should be made to the said Con- 
federacy by said Commonwealth upon the said Confederacy 
giving to said Commonwealth as security two million pounds 
of cotton, at fifteen cents per pound ; but your petitioners aver, 
that said security was never given, and said loan was never 
consummated, except as hereinafter stated. 



THE GEORGIA HISTORICAL QUARTERLY. 193 

VII. 
"That pending the negotiations with the Confederacy for 
security, the Auditor of said Commonwealth issued checks in 
warrant for the aggregate sum of $159,000 — one check or war- 
rant being for $100,000 on the Bank of Virginia, and the 
other for $59,000, on the Exchange Bank. These were drawn 
in favor of John C. Breckinridge, Confederate Secretary of 
\\'ar. No checks or warrants were issued in favor of said 
Confederacy other than the two checks above mentioned. 




[]' 



VIII. i; 



"That all of the said moneys remained in said banks, ex- 
cept the following sums that had been drawn by the State for 
said purposes, to-wit, $21,000 (twenty-one thousand dollars), 
until the day of the evacuation of the city of Richmond by the 
Confederate forces, to-wit, April 2, 1865 ; that on the said day 
the said Bank of Virginia gave to John M. Strother, an of- 
ficer of the Confederacy, a specie check on its branch* at 
Lynchburg for the sum of $20,000, and paid to said Strother 
the sum of $80,000 in coin, and the said Exchange Bank gave 
to said Strother a specie check on the branch of Lynchburg for 
the sum of $34,000, and paid to him the sum of $25,000 in 
coin ; the said two specie checks were never presented to or I 

paid by said banks, and afterwards were destroyed. On the 
said 2nd of April the said Strother received from the Far- 
mers' Bank $112,000 in coin, but without warrant or authority 
therefor. ' 

IX. 

"That the said moneys being in the said banks and in the 
actual custody thereof, respectively, excepting the sums paid 
out, as hereinafter set forth, on the said 2nd of April, the 
moneys in said banks w^ere placed in cars to be transported 
from the said banks to the South, amounting to over $200,000, 
and in the same car were also transported the moneys which 
had been paid to said Strother, as hereinbefore averred, the 
said moneys of the banks being kept separate from the moneys 
that had been paid to said Strother; that afterwards, to-wit, 

y 



194 



THE GEORGIA HISTORICAL QUARTERLY. 



on the 2ist day of April, 1865, the said Strother returned and 
paid over to the said Bank of \'irginia, the said Exchange 
Bank, and the said Farmers' Bank the sum of $223,929.90, be- 
ing the coin received by him as aforesaid and the specie checks 
aforesaid, to be appHed and credited by said banks in part 
satisfaction of said obHgation of said Commonwealth to said 
banks on account of the loan hereinbefore set forth. 

X. 

"That the said Strother having turned over to officers of 
said banks the said sums as aforesaid, there was then in the 
custody of said officers of said banks the sum of about $450,- 
000, and of this sum $170,000 was received from said Strother 
(the said checks, aggregating $54,000, having been destroyed) 
for the purpose of being transported back to said banks. 

XI. 

"That the said oft'icers of said banks so having the said 
sum of $450,000 in their possession, to- wit, in May, 1865, and 
while the same was being transported \o said banks, by private 
conveyance, from Washington, Georgia, the sum of $250,000 
was taken from them by robbery, of which sum $145,000 was 
of the money that had been in the possession of said Strother, 
but which had been by him paid over and delivered to said 
banks as aforesaid, and the remaining $105,000 was taken 
from the Bank of \'irginia ; that afterwards, of the said sum 
$250,000 so taken by robbery, the sum of 111,000 was restored 
to the bank oft'icers. and of this $1 1 i.ooo the sum of $9,000 was 
identified as of the money belonging to said Bank of Virginia, 
and that had never been in the possession of said Strother. 

XII. 

"This money so recovered by the bank officers was held by 
the officers of said banks on deposit for safe-keeping in cer- 
tain banks in Washington. Georgia, transferred thence to Au- 
gusta, Georgia, to which place the same had been removed af- 
ter recovery, for the purpose aforesaid ; and thereupon, on or, 
about the 23d day of August, the defendant herein seized the 





THE GEORGIA HISTORICAL QUARTERLY. 



195 



; 



same, removed the same to the city of Washington, D. C, an(^ 
appropriated a part thereof to the payment of sundry expenses, 
leaving in the possession of the defendant the sum of $100,000 
of the moneys aforesaid, which defendant still holds. 

XIII. 

"Claimants further aver that the said banks other than thQ 
Farmers' Bank of Virginia, for a valuable consideration, re- 
leased and transferred to the said last-named banks all of their 
interest in and claim to the said moneys, or any part thereof. 

XIV. 

"And claimants further aver that heretofore, to-wit, on 
the 29th day of June, A. D., 1871, under and by virtue of a 
decree of the Circuit Court of the United States for the Dis- 
trict of Virginia, in certain proceedings to subject the assets of 
the said banks of Virginia to the payment of the indebtedness 
of said banks, all of the assets of said banks, including the 
matters hereinbefore specified, were sold at which sale claim- 
ants purchased the claim herein set forth, and the same was 
duly transferred to claimants under the orders of said court, 
and under like proceedings in said court, decree entered April 
13, 1871, the claims of the said Farmers' Bank were, on thg 
22nd of June, 187 1, sold to claimants and the same was, under 
the order of said court, duly transferred to claimants. 

XV. 

"Claimants aver that they have never made any assignment 
or transfer of said claim or any part thereof, and that there 
are no just offsets or credits against the same, and that the 
same and every part thereof is wholly unpaid, and they say 
that there is justly due on account thereof the sum of $100,- 
000, for which they demand judgment. 

WILLIA^I G. TAYLOR, 
WILLIAM B. ISAACS & CO. 




196 THE GEORGIA HISTORICAL QUARTERLY. 

"Shellabarger & Wilson, 

Att'ys., Washington, D. C. 

'■John T. Harris, 

Harrisonburg, Va. 

''City of Richmond, 

"State of Virginia, County of Henrico, SS. 

"Before me, R. T. Brooke, a notar}' public in and for the 
State and county aforesaid, on this the 2d day of April, A. D. 
1887, personally came William G. Taylor, one of the claimants 
in the foregoing petition, who, being by me first duly sworn, 
on his oath says that he has read the foregoing- petition and 
knows the contents thereof ; that the matters and things there- 
in set forth are true, and that the sum claimed is justly due 
over and above all set-ofifs and just grounds of defense. 

WILLIAM G. TAYLOR. 

"Subscribed and sworn to before me this 2d day of April, 
A. D., 1887. 

(Seal) "R. T. BROOKE, N. P." 

It appeared from this petition that the State of Virginia 
was a stockholder in some of these banks, was part owner of 
a large portion of the funds in question, and that these funds 
had been raised to sustain the Confederate Armies under Gen- 
eral Lee. 

For six years the case was pending in the United States 
Court of Claims, and on June 22, 1893, that Court rendered 
the following decision: 

"The Bank of Virginia was the equitable owner of a part 
of the fund in the Treasury, proportionate to the amount 
which it contributed thereto ; such proportionate part being the 




THE GKORGIA HISTORICAL QUARTERLY. 



197 



sum of $16,987.88. The claim therefor and right of property 
therein passed to and is now owned by the claimants in this 
suit who are equitably entitled to the same. 

"The remainder of the said fund, being the sum of $78,- 
276.49 is the property of the United States, the title never 
having passed to said banks and the claimants not having 
derived any claim or title in and through said judicial pro- 
ceedings." 

Thus after a lapse of twenty-eight years ended this re- 
markable case, in which there occured one of the most dramatic 
episodes connected with the War between the States. 




A NEGLECTED PERIOD OF GEORGIA HISTORY 

By the editor 

Lord Alacaulay, in an essay on History, makes this state- 
ment: "It ought to record all the sHghtest particulars of the 
sHghtest transactions — all the things done and all the words 
uttered during the time of which it treats. The omission of 
any circumstance, however insignificant, would be a defect 
* * * Xo picture, then, and no history, can present us with 
the whole truth, but those are the best pictures and the best 
histories which exhibit such parts of the truth as most nearly 
produce the effect of the whole." It may not, in spite of the 
learned writer, be always best to be very particular in the 
narration of some events, but there are instances in which the 
writers fail to give all the facts necessary to a full understand- 
ing of the matter under consideration. Such is the case in 
respect to the period in Georgia affairs now to be inquired 
into. 

Two Georgia historians, Hugh ]\IcCall and Charles C, 
Jones, Jr., closed their treatises at a point just a little earlier 
than the time of which we are to treat, but some account of 
that period might have been embraced in both, and so have 
avoided the impression created of an abruptness in the way 
both works were finished. It is possible, however, that 
neither of them had the material for an exhaustive treatment 
of the public affairs as they then transpired. It is positive 
that the volumes prepared and published by the Compiler o£ 
State Records, thus far, do not contain material relating to 
the history of that particular period. Another historian of 
Georgia, Bishop William Bacon Stevens, barely touched upon 
the subject, and all that he wrote is contained in the space of 
three pages of the second volume of his History, calling atten- 
tion to the fact that it was "a time which required sagacity, 
promptness and firmness." The latest historians have passed 
over that epoch without references to the important happenings 
of that time. 




~ !ll||| 



THE GEORGIA HISTORICAL QUARTERLY. 



199 



The first term of Edward Telfair as Governor of Georgia 
began on the 9th of January, 1786. Seventeen days after, that 
IS to say, on the 26th, the General Assembly, meeting in Au- 
gusta, passed "An ordinance for empowering commissioners to 
fix on a place convenient for a seat of government, and to 
erect public buildings therein," said place "to be known by the 
name of Louisville;" and the third section of that ordinance 
declared "That the place of the meeting of the legislature, the 
residence of the Governor, the Secretary, Treasurer, Surveyor- 
General, and Auditor, shall be at Augusta until the State 
House and other public buildings shall be erected, and the next 
meeting of the Legislature shall be at Louisville." (Watkins's 
Digest, pp. 320-321). 

In the Gazette of the 9th of February it was announced 
that the House of Assembly had elected the following as State 
otTicers : John Milton, Secretary ; John AlcCall, Surveyor- 
General ; Seth John Cuthbert, Treasurer, and John Berrien, 
Collector of Customs for the Port of Savannah. One week 
later, it was stated that the same body had made choice of 
these oiTicers : John Houstoun, Chief Justice ; Nathaniel Pendle- 
ton, Attorney-General ; John W'ereat, Auditor-General ; Wil- 
liam Houstoun, William Few and Henry Osborne, Delegates 
to Congress for the current year; and George Walton, Wil- 
liam Few, Abraham Baldwin and William Pierce, Delegates to 
Congress for one year from November next. The last list was 
probably acted on by the Assembly on February 14th, as on 
that day adjournment of the House of Assembly was ordered 
until the third INIonday in July, to meet in Augusta. 

Mr. Seth John Cuthbert, the Treasurer, whose residence 
seems to have been in the City of Savannah, advertised in the 
Georgia Gazette, from the Treasurer's ottice, Savannah, 21st 
February, 1786, that "As this office is to be very shortly re- 
moved to Augusta, all persons residing in the low country, who 
have certificates or other private paper in it are requested to 
call immediately and take out or settle and adjust the same. 
It is expected that such Vendue blasters as have been neglect- 
ful in their taxes will pay an immediate attention to the settle- 
ment of them." 




200 



THE GEORGIA HISTORICAL QUARTERLY. 



On the first of March following, the Governor and Council 
had the question of the boundaries of the State brought to 
their attention through a letter on which action was promptly 
taken. As this has always been a matter of considerable in- 
terest, we will now give the result of the deliberations of that 
body by quoting the following from the proceedings of tha 
same : 

"IN COUNCIL, MARCH ist, 1786. 
"The Board took under consideration the letter of John 
Woods, Esq., read yesterday. 

"Whereupon the following instructions were sent the dif- 
ferent agents of Indian affairs that reside in the Indian 
Nations. 

"You are to know that the limits, boundaries, jurisdiction 
and authority of the State of Georgia does and of right ought 
to extend from the mouth of the River Savannah along the 
north side thereof and up the most of the northern stream or 
fork of the said River to its head or source ; from thence in a 
due west course to the River Mississippi and down the said 
stream of the Mississippi to the latitude thirty-one degrees 
north, from thence in a due east course to the River Apala- 
chicola or Chattahoochee and from the fork of the said River 
Apalachicola where Chattahoochee and Flint Rivers meet in a 
direct line to the head or source of the southernmost stream of 
the River St. Mary and along the course of the said river St. 
Mary to the Atlantic Ocean, and from thence to the mouth or 
inlet of the River Savannah. 

"You are to take special care that no person or person; 
whatever do purchase or contract or cause to be purchased or 
contracted for or shall take or accept of a grant or conveyance 
of any Lands within the limits reserved for the Indian hunting 
grounds in this State from any Indian or body of Indians upon 
any pretence whatever." 

In this connection our readers are referred to an interesting 
article on this subject, by the Honorable George Hillyer, which 
was printed in the June number of this periodical of last year, 
and which they doubtless remember. 

y 



THE GEORGIA HISTORICAL QUARTERLY. 201 

The body making those appointments adjourned on the 
14th of February to meet in Augusta on the third Monday hs 

July. 

It is needless to dwell here upon the character of the men 
whose names have been listed above, nor to give even brief 
biographical accounts of them. There record is too welJ 
known to students of Georgia history. 

We now come to that period in the administration of Gov- 
ernor Telfair which caused a vast amount of excitement and 
bitter feeling while the unsettled condition of affairs lasted. 
One of the matters productive of a state of anxiety and per- 
plexity was the threatened war with the Creek Indians ; but 
that disaster was happily averted. Then came the great agita- 
tion among the high officials of the State, growing out of thfl 
changes provided for in the ordinance requiring the removal 
of the seat of government to Louisville. We will not attempt 
to make a story of this truly exciting episode in words of our 
own. The documentary evidence of the truth can speak better 
than any language we may use, and we proceed gi\ e the same 
taken mainly from the file of the Georgia Gazette. We have 
already given the provisions of the ordinance making Louis- 
ville the capital of Georgia. The Gazette, in three consecutive 
numbers, March 23 and 30, and April 6, 1786, carried, as at- 
advertisement, nearly a page of matter, of an official nature, 
beginning with an abstract from that enactment, certified by 
John Milton, Secretary of State, and giving the date of its 
passage. Then follow in regular succession the orders of the 
Executive Council now given : 

IN COUNCIL, Augusta, 31st January, 1786. 
Ordered, 

THAT the Secretary of State, Treasurer, Surveyor General & 
Auditor, be required to take residence at Augusta, and that each of 
them report to this Board, as near as may be, what transportation 
will be required respecting their said offices. 

Extract from the Minutes. 

G. HANDLEY, Sec'y. E. C. 



IT 



202 



THE GEORGIA HISTORICAL QUARTERLY. 



IN COUNCIL, Augusta, 2nd February, 1786. 
His Honor the Governor sent the following message to the 
Honorable House of Assembly: 

Council Chamber, Augusta, 2nd February, 1786. 
Mr. Speaker and Gentlemen, 

Upon a report made by the respective officers, whose residence 
are ordered at Augusta, a sum will be necessary for the transporta- 
tion ; and it appears proper that a guard be ordered for the security 
of the records, etc. The General Assembly will therefore be pleased 
to order a sum adequate to the emergency. 

(Signed) EDWARD TELFAIR. 

G. HANDLEY, Sec'y E. C. 
Extract from the Minutes. 



In COUNCIL, Augusta, 4th February, 1786. 

The following resolve of the Honorable House of Assembly was 
laid before the Board, viz. 

House of Assembly, Augusta, 3rd February, 1786. 
A message from his honor, the Governor, of yesterday, being read, 
Resolved, That his Honor, the Governor, be empowered to draw on 
the public treasury for a sufficient sum for the purpose of trans- 
porting the records and other public papers from Savannah to the 
present seat of Government ; and that he also issue the necessary or- 
der2 for a guard to attend the same. 

"An Extract from the Minutes. 
(Signed) "SEABORN JONES, C. C. A." 

G. HANDLEY, Sec'y E. C. 
Extract from the minutes. 



IN COUNCIL, Augusta, nth February, 1786. 
Pursuant to a resolve of the Honorable House of Assembly, of 
the 3rd instant, empowering his Honor, the Governor, to draw on 
the public treasury for a sufficient sum for the purpose of transport- 
ing the public records and other papers from Savannah, the Board 
have approved of Mr. James Pearre, Junior, as a fit person to take 
charge of the aforesaid transportation, and have also approved of 
the Governor's drawing on the Treasurer for the immediate sum of 
43I 17s. 4d under certain restrictions. 

Extract from the minutes. 
G. HANDLEY, Sec'y. E. C. 



IN COUNCIL, Augusta, 13th February, 17S6. 
Ordered, 

THAT the State Secretary, Treasurer, Surveyor General and 
Auditor, without delay do cause to be secured and put in good 
trunks, or other safe packages, all the records, and other documents 
or papers, that shall appertain to their respective offices that are in 




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203 



the town of Savannah, marking on each package the office to which 
each trunk or package shall appertain; and the aforesaid officers are 
respectively also required to cause the said trunks and packages to be 
held in readiness, and to be delivered in charge to such person as this 
Board may direct. 

An Extract from the minutes. 
G. HANDLEY, Sec'y. E. C. 



IN COUNCIL, Augusta, 15th February, 1786. 

The Board took up the regulations entered into the nth inst., re- 
garding the transportation of the records and other public documents 
belonging to certain offices now at Savannah. 

Ordered, that the Secretary of State, Treasurer, Surveyor Gen- 
eral and Auditor, deliver in charge to Mr. James Pearre such trunks, 
and other packages as are directed by this board the 13th instant. 
And the said James Pearre, for the purpose of transporting the said 
trunks and other packages from the town of Savannah to this place, 
is hereby required to contract for good covered wagons, and four 
good horses in each wagon and two drivers, and procure three able- 
bodied men, well armed and accoutred, and the said James Pearre, 
with the aforesaid men, shall act as a guard, and be and continue 
with the said wagons, from the time they set out from the town of 
Savannah until they arrive in the town of Augusta, and for which 
this shall be his warrant. 

Ordered, That his Honor, the Governor, do draw a draft upon the 
Treasury in favor of Mr. James Pearre, for the sum of 43I. 13s. 4d. 
pursuant to a resolution of the Legislature dated the 4th instant, out 
of the immediate monies now in the treasury, the same to be charged 
to the contingent fund. 

G. HANDLEY, Sec'y. E. C. 
Extract from the minutes. 



IN COUNCIL, Augusta, 28th February, 1786. 

A letter from the Treasurer, dated Savannah, the 22A instant, was 
read, which appears to have been intended as a reply to the order of 
this Board of the 15th February for the removal of the Treasury. 

Savannah, 22d February, 1786. 
Gentlemen : 

The promptitude with which the Treasury Office is ordered to be 
removed to Augusta puts it out of my power to serve the state in 
the capacity of Treasurer, without making sacrifices in my private 
affairs that I can by no means afford. You will therefore be pleased 
to appoint a person to succeed me in the office, to whom I will deliver 
the same, with everything appertaining to it, whenever he produces 
his credentials from you. As the Legislature did me the honor of re- 
appointing me to the oft'ice in their last session, I think myself bound 
in gratitude to make every possible return to_ a partiality particularly 
pleasing, because expressive of their approbation of my past conduct; 
and, from this principle, I would certainly accompany the office to 



Ji 



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THE GEORGIA HISTORICAL QUARTERLY. 



Augusta, and arrange and fix it there, before I retired from it, in 
such manner as to make it plain and easy for my successor to con- 
duct it with that precision, and on that system, which it has been my 
study and labor to establish; but I am extremely sorry that this is 
not in my power, for my horses are so reduced, by my late journey 
to Augusta, that it was with great difficulty they could bring me 
down, and I have not a change of them; besides this, my family are 
just taking the smallpox, so that it would be impossible for me, with 
the least degree or propriety, to leave them. These circumstances, I 
hope, will plead sufficiently in excuse for my not accompanying the 
office to Augusta. 

When I came into the office I gave a very special receipt to the 
late Col. Martin, who preceded me in it, for the papers that I re- 
ceived from him, and such a receipt I wish to have from the person 
who is to succeed me. This is the principal reason of my not for- 
warding the office by Mr. Pearre ; and, indeed, did this reason not 
exist, so much has business, both public and private, pressed upon me 
since my return to Savannah, that I do not think I could have been 
ready to forward the office by this opportunity. The public business 
has chiefly accumulated from the time for receiving certificates in 
the office being on the brink of expiring; however, I hope, by the 
time that my present year will expire, which will be on the 20th of 
next month, to have all the books and papers so stated and arranged 
as to require very little adjustment at Augusta. 

I shall immediately begin to make out lists of the certificates re- 
ceived into the office, that I may forward duplicates thereof, with the 
certificates, to you, when the office goes up; but this will be a tedious 
and troublesome part of the business, from the vast number of small 
certificates that have been received. 

I shall also have my accounts stated with all possible dispatch for 
the examination of the Auditor. 

I have had no tax returns made me yet for the last year, nor has 
a single farthing of cash come into the treasury, through any channel 
whatsoever, since I left Augusta. 

With all possible respect, I have the honor to be. Gentlemen, 

Your most obedient humble servant, 

SETH JOHN CUTHBERT. 



(Copy) 

His Honor, Edward Telfair, Esquire, 

Governor, and the Honorable the Members of the Executive 
Council, Augusta. 

Ordered, That the said letter lie on the table for the perusal of 
the members. 

The following report from Mr. James Pearre was laid before the 
Board and read: 

TO HIS HONOR, THE GOVERNOR. 

AGREEABLE to an order of the Executive Council I attended m 
Savannah with the wagons, etc., there received for the Secretary's 
office four packages of books and papers, which I have delivered to 
the Secretary of State; also a desk and stand with papers, which I 



THE GEORGIA HISTORICAL QUARTERLY. 



205 



have delivered to the Surveyor Genera! ; also one box for the Audi- 
tor, now ready to be delivered; the Treasurer refusing to send his 
papers. 

I am, Sir, your humble servant, 

JAMES PEARRE. 
(Copy) February 28th, 1786. 

His Honor, Edward Telfair, Esquire, 

Governor of the State of Georgia. 

Extract from the minutes. 
G. HANDLEY, Sec'y. E. C. 



IN COUNCIL, Augusta, 2A March, 1786. 
Ordered, 

That the Treasurer's letter, which was read the 28th ult. and Mr. 
James Pearre's report of the same day, be taken under consideration. 

Whereupon the Board proceeded in the following manner : 

Whereas a variety of combined events have hitherto retarded and 
obstructed the full execution of that part of an ordinance to fix on a 
place for a seat of government, dated the 26th January, 1786, that 
relates to the residence of certain officers in the town of Augusta for 
a fixed time, among which are. The State Treasurer having, in op- 
position to the orders issued by this Board for the removal of the 
Treasurer's Office, neglected and refused to pack up or deliver any 
part thereof to the Officer appointed by this Board to receive and 
conduct the same to this place, which said neglect and refusal is con- 
sidered as a breach of duty on the part of the aforesaid Officer. 

The Board, deeply impressed with a due sense of the obligations 
they stand bound to discharge in support of the dignity and welfare 
of the commonwealth. 

Resolved, That Seth John Cuthbert. Esquire, be, and he is hereby 
suspended from the office of Treasurer of this state. 

Ordered, That the last clause of an ordinance, passed at Augusta 
the 26th January, 1786, locating certain public offices at Augusta, and 
all the Executive proceedings thereon, be published. 

Extract from the minutes. 

G. HANDLEY, Sec'y. E. C. 



IN COUNCIL, Augusta, 27th February, 1786. 

Pursuant to an act of the Legislature, dated the 13th instant, the 
Sheriffs of the respective counties are each of them vested with all 
the powers that were, by a former law, in certain commissioners of 
confiscated estates. 

Whereupon Ordered, That the Sheriffs within their respective 
counties take due notice that a clear statement be made of all and 
every species of property now remaining within the respective coun- 



206 



THE GEORGIA HISTORICAL QUARTERLY. 



\ 



I 



I 



ties which did appertain to any person or persons named or de- 
scribed in the Act of Confiscation, and that each of them make a 
special report thereof to this Board. 

An Extract from the Minutes. 
G. HANDLEY, Sec'y. E. C. 



On the 6th of April, when the foregoing appeared for the 
last time, the Gazette contained an editorial article, as follows : 

We hear from Augusta that William Stith, sen., Esq., ar- 
rived about two months since in this State, was, two hours 
after his arrival, a candidate for the office of Chief Justice, 
for which he had one vote in the House of Assembly. Mr. 
Houstoun (John), who was elected, having declined, the Gov- 
ernor and Council, notwithstanding this positive rejection, 
appointed him to the office. 

Query. Is a man not eligible to a seat in the House of 
Assembly, or even a vote, competent to receive the important 
office of Chief Justice? Or, is it not sporting with the legis- 
lative sense of the state to appoint a person to an office for 
which he had been refused by a full suffrage of the House? 

It is said also, that the Hon. Joseph Clay, William 
O'Bryen, and William Gibbons, Esqurs., have been suspend- 
ed in the office of Assistant Justices by the Governor and 
Council, and that other persons have been appointed to their 
stead. 

Query. If the Executive have the right to suspend Civil 
Officers, can they appoint others? Should this be considered 
as lawful, it would be an overturning of the Constitution, 
which says, that the three Departments of Government shall 
be separate. In this case a wanton Executive might super- 
sede all the appointments made by the House of Assembly, 
soon after the commencement of the year, and by others, and 
a suitable policy, might change the forms of government be- 
fore the year expired. 

Those queries called forth a very long article from a cor- 
respondent signing himself "Georgiensis," who must have been 
a lawyer, judging from its style, but it is too long to be given 

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207 



here, and, besides, it is not of sufficient historical interest to 
warrant its reproduction. It did not appear until the 20th of 
April. 

On Thursday, April 13th, the following matter appeared 
in the Georgia Gazette: 

Savannah, loth April, 1786. 
Mr. Johnston : 

By publishing in your Gazette of this week, for the information 
of the public, the following act of the Governor and Council and 
letter from the Office, of the Executive Department at Augusta you 
will oblige your humble servanrs, 

John Houstoun, Joseph Clay, William O'Bryen, 
A\illiam Gibbons, William Stephens, Richard 
\\ylly, Peter Deveaux, Samuel Stirk and James 
Jackson. 

On Public Service. 
To John Houstoun, Joseph Clay, William O'Brven, William Gib- 
bons, Wilham Stephens, Richard Wylly, Peter 'Deveaux, Samuel 
Stirk and James Jackson, Esquires, 

County of Chatham. 



Office of the Executive Department, Augusta, 23d March, 1786. 
Gentlemen : 

Inclosed you will receive an order of Council, of the 7th instant, 
suspending certain persons therein mentioned in the Office of 
Magistracy for the County of Chatham. 
I am. Gentlemen, 

Your most obt. and humble servant, 
G. HANDLEY. 



GEORGIA. 

IN COUNCIL, Augusta, 17th March, 1786. 

The Board proceeded to the order of the day, whereupon the fol- 
lowing determination and order were taken : 

\\'hen the events of human affairs are progressing to anarchy, and 
the leading principles of the Constitution are infringed, the laws and 
ordinances violated, and when the conductors of the opposition to the 
known order of government are chiefly persons whose peculiar situa- 
tions render the guardianship of the laws the object of their care, 
the crime is peculiarly aggravated. 

The violators of public duty with respect to office as well as that 
of good faith in the citizen, are objects of such magnitude as be- 
come truly interesting to the dignity and welfare of the common- 
wealth. 

The Board, from the urgent necessity occasioned by such un- 
warrantable proceedings, and in order therefore that the fountain 



208 



THE GEORGIA HISTORICAL QUARTERLY. 



of justice may run pure, and the laws and ordinances may be fully 
executed m the County of Chatham, have and do solemly and un- 
animously resolve as follows : 

That John Houstoun, Esquire, appointed to the office of Chief 
Justice be, and he is hereby suspended from exercising the duties of 
the aforesaid office. 

That Joseph Clay, William O'Bryen and William Gibbons, 
Esquires, be, and each of them are hereby suspended from the office 
of Assistant Justice or Justices for the County of Chatham. 

That William Stephens, Richard Wylly, Peter Deveaux, Samuel 
Stirk and James Jackson, Esquires, be, and each of them are hereby 
suspended from the office of a Justice or Justices of the Peace for 
the County of Chatham. 

Extract from the minutes. 
G. HANDLEY, Sec'y. E. C. 

A fuH statement of the case on which the above suspensions, or 
rather dismissions, have taken place, will shortly be published. 



Georgia Gazette, Thursday, April 13, 1786. 

Mr. Johnston : 

There is, in the affairs of life, a point at which absurdity itself 
disarms resentment, and, assuming a coarser appellation, excites no 
emotion but that of pity or contempt, Had Solomon lived in our day 
and witnessed some late proceedings in our State, he would, in all 
probability, have retracted his opinion, and confessed he saw in the 
political world, at least, one thing new — a dismission from, preceding 
the acceptance, nay following the absolute refusal of, an office. 
Other countries for the advancement of justice in certain cases admit 
of fictions in law, but I believe it is endemial to our land, and has 
been reserved for the ingenuity of a modern administration to invent 
fictions in government for the ends of private vengeance. Permit me 
to inquire, for the whole of this business seems enveloped in mystery, 
on what grounds a dismission from the place of Chief Justice could 
be applied to me? So preposterous an act must, in point of view, 
recoil, with disgrace, upon its author, and will forever remain a satir^ 
on record against both his head and his heart. Had I really been in 
possession, I make no scruple to say, this edict of suspension would 
have made no more impression on me than a bull wrapt in all its 
terrors, and accompanied with all its thunder from the Pope. How- 
ever malignant in its nature, I should have felt it extremely harm- 
less in its effects. Dignities and honors, the children of sovereignty, 
flow from the people ; and as, under our form of government, we 
ascribe neither majesty nor infallibility, and but a very moderate title 
of pre-eminence, to a Governor, it would be highly ridiculous and in- 
consistent to sacrifice at his shrine the independence of a Judge, so 
essentially necessary, in the opinion of all writers, to national free- 
dom and private happiness. Originally the only body in a free state 
entitled to question a Judge for his conduct or opinion is the people. 
By the 49th article of our Constitution that power is delegated to the 
House of Assembly, but how or where the Governor obtained by 
prerogative as it were, a concurrent jurisdiction with them is hard to 
discover. If his claim is founded it evidently proves by direct 




THE GEORGIA HISTORICAL QUARTERLY. 



209 



inference the servant to be greater than the master, or, in other words, 
the Governor superior to the House of Assembly; for the latter, how- 
ever impliedly powerful in other respects, hold their controlling au- 
thority in this only in consequence of a special grant from the people; 
whereas the former, the being of a year, and, politically speaking' 
but secondary in the people's choice, finds a title to it comprehended, 
though till now concealed, in his very appointment itself. Armed 
with such weapon, and to which may be easily added, as in the days 
of the Star-Chamber in England, restraints upon the press, with an 
abolition of trial by jury, (so formidable to tyrants and sacred to 
freemen) what might not an ambitious man, with very limited talents, 
accomplish? But there is no occasion to reason on the general 
principles of government, or argue by analogy, when we have a guide 
so directly in point. If the very first section of the Constitution of 
this State does not make the Judges as independent of the Governor 
as the Governor is of them, I know not what form of words could 
be emploj'ed to express such an intention. It is a misfortune incident 
to shallow politics to be deceived by habit. Without recurring to 
reason and principle we are apt to be misled by use, and conclude, 
because a King's Government formerly claimed the right of suspend-" 
ing a King's Judge, therefore a State's Governor has the same power 
C'ver a State's Judge. But surely no man of common intellect and 
who barely knows the difference between a monarchy and a democ- 
racy, will maintain such a position, or insist on the- comparison or 
inference being just. Besides, we are to recollect that this political 
stride of Britain was, ever after the Revolution of 1689, altogether 
confined to her American governments, and is really one of the verv 
acts of tyranny and distinction assigned by Congress, in their Declara- 
tion of Independence, as causes of our separation; for in England, 
although the twelve Judges hold their appointments from, and are, in 
legal contemplation, servants of the Crown ; yet the King has it not 
in his power to suspend, much less to dismiss, one of them from his 
office, or even to withhold or reduce his salary, unless in consequence 
of a former address from both Houses of Parliament. So materially 
do the notions of our Cabinet on the scale of liberty and politics 
dift'er from those of all the rest of the world. 

But, as I waved all pretensions to the office of Chief Justice, it 
was not my intention, when I began, to enter into a discussion in this 
place of the tenure by which it is held. All I mean, or am anyway 
solicitous about, is to prevent, as far as I am concerned, any im- 
position on the public. To this end I shall lay before them a plain 
state of the case, and leave each one to his own remarks, as in truth 
the proceedings themselves will, to the most ordinary capacity, fur- 
nish a very sufficient comment. On the 4th of March I received the 
first regular intelligence of my being, unsolicitedly, and I am sure I 
may add unexpectedly, nominated by the Assembly which sat in Au- 
gusta to the office of Chief Justice. The Hon. Mr. Justice Clay and 
Mr. Justice O'Bryen were my authors, who at the same time inform- 
ed me they had received a commission from_ the Governor to qualify 
me. I told them I was fixed in my determination to decline accept- 
ing of the appointment, and that I should request them to transmit 
my answer, which I would give, in writing, to the Governor, when 



210 THE GEORGIA HISTORICAL QUARTERLY. 

they returned the commission. This they politely undertook to do, 
and accordingly that very evening I sent to Mr. Clay a letter in the 
following words to be forwarded to Augusta : 

Savannah, Ga., March 4th, 1786. 
Sir: 

It being this day notified to me by the Honorable Joseph Clay 
and W'illiam O'Bryen, Esqurs., that the Honorable the House of As- 
sembly had been pleased to appoint me Chief Justice for the current 
jear, and that in consequence thereof a commission had been sent 
ciown to them to qualify me for the office. I embrace the earliest op- 
portunity of communicating to you, Sir, and the Honorable the 
Executive Council, my sentiments on this occasion. 

Impressed as I am with the sincerest respect and gratitude to- 
wards my country, for this very distinguishing mark of their favor, 
] should have been happy, however inadequate my abilities may be 
to the task, to have endeavored at a discharge of that very important 
trust, did my private affairs admit of it. But my present situation, 
taken in every point of view as it regards myself and my own con- 
cerns, renders it impossible for me to accept of the appointment; and 
therefore I must and do decline the same; and request your Honor- 
able Board will be pleased to fill up the office by some other nomi- 
nation. I have the honor to be. Sir, 

Your most obedient servant, 
J. HOUSTOUN. 

To his Honor Edward Telfair, Esq., 
Governor of the State of Georgia, 

Augusta. 
The matter then rested until the loth of the same month, when I 
was surprised by the receipt of an order of Council, bearing date 
three days foncard, in the following words, viz. : 

IN COUNCIL, Augusta, 13th March, 1786. 
Ordered, 

That the Secretary of State prepare a Dedimus Potestatem, di- 
rected to the Honorable Joseph Clay, W'illiam O'Bryen and William 
Gibbons, Esquires, to empower them, or any two of them, to qualify 
the Honorable John Houstoun. Esquire, as Chief Justice of the StatCj 
agreeable to the said appointment by the Honorable House of As- 
sembly of the loth instant. 

An Extract from the Minutes. 
G. HANDLEY. 

As I had already, in as strong language, by letter and otherwise, 
as I was able to use, declined the office, and had never done, or 
thought of doing, one act as Chief Justice. I took no further notice 
of the affair, until I was, on the 3rd instant, again surprised by the 
receipt of another account that the Governor had suspended me 
from, and appointed a successor to, the office of Chief Justice. 
\\"hether it is not a perversion of language, under the circumstances 
before related, to call the proceeding a suspension, is a point de- 
serving a more serious inquiry than that by a newspaper. For my 
part I choose to call it by its right name — if it has any name at all — 
a dictatorial dismission unencumbered by the previous forms of 




THE GEORGIA HISTORICAL QUARTERLY. 



211 



charge, hearing, or trial. However, if it has gratified private resent- 
ment, or ministered to the passion and interest of party, I suppose 
the end will, by its author, be thought to sanctify the means; but of 
one thing I can assure him, if he took into his calculation to give me 
any uneasiness, he has missed of his aim, for as I can incur no re- 
proach on this score, from any good citizen, I shall, secure in con- 
scious rectitude, most heartily despise the opinion or attempts, how- 
ever signified, of every bad one, whether in or out of office. 



Savannah, loth April, 1786. 



J. HOUSTOUN. 



11 



Savannah, loth April, 1786. 

We, the subscribers, do hereby certify, That, having received a 
commission from his Honor, the Governor, to qualify John Hous- 
toun, Esq., for the office of Chief Justice, to which he was lately, by 
the Honorable the House of Assembly which sat in Augusta, ap- 
pointed, we did, on or about the fourth day of March last, call upon 
the said John Houstoun, and acquaint him with the purport of the 
said commission, and request to know when it would be convenient 
and agreeable to him to be waited upon in order to take the oath of 
office, and receive the other qualification prescribed by law for the 
said appointment. To which the said John Houstoun immediately 
leplied, that his nomination being entirely without his knowledge or 
consent, he was fixed in his determination to decline accepting of 
the said office, and would request of us to transmit an answer, which 
he would give in writing, to the Governor, when we returned the 
commision. This we promised to do — and I, the subscriber, Joseph 
Clay, do further certify, that, to the best of my rememberence, on 
the evening of the before mentioned day, a letter from the said John 
Houstoun was brought to my house, directed to his Honor, Ed. Tel- 
fair, Esq., Governor of the State of Georgia, which I understood to 
be a letter declining the said appointment, and which letter, I, the sub- 
scriber, William O'Bryen, a few days after, forwarded by Col. Sam- 
uel Jack to Augusta, together with the commission before mentioned, 
and also a letter, subscribed by the said Joseph Clay and myself, in- 
forming the Governor that the said John Houstoun declined accept- 
ing of the said appointment. And we do further certify. That, at the 
last Superior Court held in Savannah, (after the receipt and return 
of the said commision) we sat as Judges thereof. But that the said 
John Houstoun did not appear as Chief Justice, or in any other 
character than as a private practitioner in the said Court, nor hath the 
said John Houstoun ever done one act as Chief Justice, but con- 
stantly and uniformly, from his first appointment, declared he could 
not, and would not accept of the said office. Given under our hands 
the day and year first above written. 

JOSEPH CLAY, 

WILLIAM O'BRYEN. 



4: 



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THE GEORGIA HISTORICAL QUARTERLY. 



On the 2oth of April the Gazette editorially said : 
"We learn from Sunbury that on account of the non- 
attendance of the Chief Justice which prevented a formation 
of Court in the County of Liberty, the inhabitants of that 
County, after a convention of them in the Court House on 
the business of the term, were obliged to depart to their re- 
spective homes, which melancholy reflections strongly im- 
pressed on their minds of the fatal consequences which must 
necessarily ensue to society from the abandonment of it by 
the Judicial Power: a most alarming effect floiving from still 
more alarming cause — the interference of the Executive with 
the Judiciary Department of Government." 

At the same time a writer, with the signature "Crito," 
had much to say about the conditions then existing, ending 
his article in the language now repeated: 

"I have been drawn into these reflections merely from the style 
and composition of those performances I have been mentioning, with- 
out any view to their political or moral tendency, or the absurdity of 
the measures they are meant to explain. Their arbitrary, unconsti- 
tutional, and capricious suspensions or dismissions of Magistrates, 
and of Officers after resignation and refusal of ofTice, instead of 
enforcing and establishing that power and consequence which their 
authors pursue with so much ardor and perseverance, will evince to 
the world a childish, petulant, and impotent disposition to private 
revenge, altogether unworthy the head of a politician, the heart of a 
philosopher, or the dignity of a ruler, and are circumstances of so 
serious, weighty and alarming a nature as to claim the exercise of 
the ablest pens, and will in due time, I trust, become the subjects of 
Legislative inquisition. But our champions for self-importance 
should have considered, that, however, arbitrarily they may establish 
themselves in their present seat of power, the world will never sub- 
mit to any mandate that they may issue for the violation of every 
principle of common sense and rule of grammar, the coinage of new 
words, and the perversion of the known and established meaning of 
the English language. As well might they attempt to divert the 
course of the sun, or, what would gain them more credit, at least in 
the intention, suspend the Grand Seignior from "the exercise" of his 
imperial functions, for permitting his subjects the Algerines to make 
war upon the United States." 

The lengthy communication from Messrs. Houstoun, Clay, 
O'Bryen, Gibbons, Stephens, Wylly, DeVeaux, Stirk, Jackson, 
and \\'alton, with copy of a letter by them to the Governor 

y 




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THE GEORGIA HISTORICAL QUARTERLY. 



213 



and the proceedings of the Council in removing the State of- 
ficers, referred to therein, printed in the Gazette of April 
27th, now follow : 

Mr. Johnston : 

The late proceedings at Augusta having excited pubh'c curiosity, 
and involving in them questions which go to the very essence of civil 
liberty, it may not be improper to state to the people at large, through 
the medium of your paper, the origin and progress of a dispute so 
singularly circumstanced both in regard to matter and manner. Every 
inhabitant of this county knows that, prior to the Revolution, and 
indeed until very latelj', all deeds of conveyance and other papers 
(.judiciary proceedings excepted) for the State at large were recorded 
in the Secretary's office. The 50th section of our present constitution 
directs that "every county shall keep the public records belonging to 
the same." An ordinance passed at Augusta, 26th February, 17S6, 
ordains "that the place of the meeting of the Legislature, the resi- 
dence of the Governor, the Secretary, the Treasurer, Surveyor Gen- 
eral and Auditor shall be erected; and the next meeting of the 
Legislature thereafter shall be at Louisville." A vote of the House 
of Asembly, dated 3rd February, 17S6, following this law, em- 
powers "the Governor to draw on the public treasury for a suf- 
ficient sum for the purpose of transporting the records and other 
public papers from Savannah to the present seat of Government; 
and also directs him to issue the necessary orders for a guard to 
attend the same." On this the Governor and Council, by their order 
of the 13th February, 1786, directs that "the State Secretary, Treas- 
urer, Surveyor General and Auditor, without delay, do cause to be 
secured and put in good trunks or other safe packages, ALL the 
lecords and other documents or papers that shall appertain to their 
respective offices that are in the town of Savannah, marking on each 
package," etc. And by a later resolve, dated the 13th of the same 
month, they require the aforesaid officers "to deliver in charge to Mr. 
James Pearre, such trunks and other packages as were directed by 
their Board the 13th instant." Mr. Pearre's arrival soon after in 
Savannah with his wagons for the papers brought on a question 
which presently resolved itself into two opinions — the one, that as the 
officers and offices were directed by law to be removed to Augusta, 
therefore all the records and papers belonging to them respectively 
must be comprehended as so many appendages, and that, even if 
the law had not been full on this head, yet the vote of the House of 
Assembly, and order from the executive authority, placed the matter 
in a light indisputably clear. The other opinion, with certainly more 
appearance of reason, was that the Constitution upon this occasion 
was to be a polar star for our guide ; that, if it should be found on 
examination that either the Act or resolve of Assembly, was repugnant 
to the true intent and meaning of that instrument, such act or resolve 
would bv the 7th as well as the last section of the Constitution, fall to 
the ground ; but that it was the duty of every good citizen in the first 
place to collate the Law and the Constitution together, and see whether 
there was any variance between them; that if we construed the 
procedings of' the Assembly, (passing over the distinction between a 
law and a resolve) from the words "the records and other pub- 
lic papers," to have in object only such records and public papers 



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214 



THE GEORGIA HISTORICAL QUARTERLY. 



as could be constitutionally removed, such, for instance, in 
respect to the Secretary's Office, as acts of Assembly, bonds, 
and other deeds belonging to the public commissions, grants for 
land in the upper counties, with a great variety of other records 
properly called "public papers," or apjpertaining to the upper counties, 
there would be in that case no disagreement between the law and the 
Constitution. But, if we subscribed to the other opinion, and, with 
the Governor and Council, added the word ALL, by way of supple- 
ment to the law, then without doubt we should feel ourselves by the 
very words, as well as the obvious spirit and intention of the Con- 
stitution, obliged to halt, for that, if this order amounted to anything, 
it clearly amounted to this that every paper, viz., wills for estates in 
Chatham County, the registry of grants for lots in and adjoining the 
town of Savannah, though kept in a distinct book with several other 
records entirely local, (which happened to be in the Secretary's office) 
must, in the language of the Governor, be packed up, transported, lo- 
cated and obliged to take residence at Augusta. So glaring an act would, 
in our opinion, require neither casuistry nor technical knowledge to 
prove it a most unjustifiable outrage against the Constitution. 

It is, Mr. Johnston, extremely clear, and universally admitted as 
a maxim, that if, in the construction of a law, there be two mean- 
ings, either of which may with perhaps equal plausibility be put upon 
a clause, the one correspondent and the other contradictory to a for- 
mer law, that meaning shall be preferred which will stand with the 
former law. How much stronger will this rule hold when the Con- 
stitution, which can have no fellow equal, is, as it were, one of the 
parties in the dispute. 

Convinced, then, that the late Act of Assembly by no means in- 
tended a violation of the Constitution, it became evident to the peo- 
ple that the error lay in the mode of execution. As there might have 
been a perfect harmony throughout the whole, had the order of the 
Executive followed the words of the Legislative Authority, it was a 
very natural inquiry what right the Governor and Council had _ to 
make any innovation in or addition to a law. Feeling no inclination 
to believe that the freemen of this state would, in imitation of the 
Parliament of Henry the 8th of England, ever ascribe the faculty of 
legislation to an Executive bod}', we did not hesitate to pronounce the 
proceeding of the latter, by the insertion of the word ALL, an as- 
sumption of power totally unauthorized by any law, usage or cus- 
tom, of this country. As the order of the Governor and Council 
then so far exceeded the law, and in the same proportion in its tenor 
militated against the 50th section of the Constitution, we held our- 
selves warranted by the laws of God and man to prevent the execu- 
tion of so much of it as appeared to be against the said law and 
constitution, and therefore did, at the request of a number of our 
fellow citizens, and by the voice of the inhabitants of Savannah in 
general, repair, without tumult or disorder, to the house where the 
papers of the Secretarj^'s office were kept, and having sorted out the 
records of grants for all the lots in and five and forty-five acre 
lots adjoining the town of Savannah, and other books containing 
documents altogether of a private nature, and belonging (in ratio of 
at least fifty to one) to the inhabitants of the lower counties, de- 
livered the same into the custody of James Bulloch, Esq., Clerk of 
the Court of the County of Chatham, who attended for the purpose 
of receiving them, and where we conceive, not only by the Con- 



THE GEORGIA HISTORICAL QUARTERLY. Il5 

stitution, but also by an Act of Assembly passed on the 22d of Feb- 
ruary, 1785, they ought long since to have been deposited. But we 
deny that there was, to our knowledge, a single record or paper 
stopped or removed out of the Secretary's hands, which could, in 
strictness of language, be called '"public" in any other view than as 
being in a public office, they being (except the grants of lots before 
mentioned) altogether the deeds and papers of and between in- 
dividuals. And, so careful were we to avoid taking any books or 
papers that could be deemed state records, that we desired Mr. 
Stewart, the Clerk then attending in the Secretary's office, to examine 
all the books placed in the possession of Mr. Bulloch, and to poin!| 
cut any that were properly speaking "public," in order that they 
might not be removed from the Secretary's office. 

This affair being over, the Secretary then proceeded with all the 
other papers of his office, amounting to no inconsiderable number, 
and arrived safely in Augusta, and thereby, in our idea, contrary tq 
the tenor of the order of Council, fully complied with the ordinance, 
and at the same time kept within the pale of the Constitution. 

As to there being no provision or exception in the ordinance re- 
specting the papers of the lower counties, that may be easily account- 
ed for on two grounds ; firstly, Because, perhaps, it was thought the 
Clerk of the County Courts respectively had them all in possession; 
as might have been the case under the law before mentioned, sec- 
ondly, Because, to have made an exception in favor of what the 
Constitution established, would have implied a paramount authority 
in the Legislature to act contrary thereto, did they so incline, a posi- 
tion too ridiculous for refutation. 

If it be objected to us, that we, in particular, had no right to 
intermeddle in this business, we reply, that, as matters were circum- 
stanced in regard to the Governor and Council, who were moreover 
at the distance of 120 miles, this duty, from the necessity of the case, 
devolved upon the county at large, and, as the general voice required 
something to be done, it seemed more eligible to do that which ap- 
peared legal and constitutional by a few who would take care, both 
irom public and private motives, that none of the papers should bQ 
lost or injured, than run the risk of having it done in a manner less 
moderate, and with more danger of damage to the papers, by a con- 
course of people agitated with the idea that an attack was meditated 
against one of their chartered rights. 

And in order to prevent a misrepresentation of our proceedings, 
and to convince the Executive Authority that no disrespect was in- 
tended against government, such of us as happened to be in town, 
when an opportunity offered for Augusta, wrote a letter to his Honor, 
the Governor, (copy whereof is hereunto subjoined) from which we 
conceive the most captionally inclined person cannot be able to educe 
evidence of a disposition to anything but peace, order and good gov- 
ernment. And we disclaim all distinction of interest between upper 
and lower counties, and hold those as enemies to both who shall by 
such pretended difference endeavor to sow the seeds of jealousy be- 
tween us. 

After this candid and impartial elucidation of the whole trans- 
action the public will no doubt be surprised to hear the sequel on the 
part of the Governor and Council. Xo sooner was the affair re- 
ported at Augusta than that Body (with all the solemnity and dread 




216 THE GEORGIA HISTORICAL QUARTERLY. 

of the Senate of Rome on discovering the conspiracy of Catiline) met 
in their Chamber, and commenced a shower of political vengeance. 
By an instrument of Government, singular to be sure, in respect to 
composition, but infinitely more so as to substance, they at once, 
without trial, hearing or evidence, laid all concerned under an in- 
terdict. There is one thing, on a review of this matter, which we 
cannot easily account for, and that is this; why the blow was aimed 
altogether at the Judiciary department. Several of us have the honor 
to be Members of the Legislature; why not then as well suspended 
from our seats there as on the bench. The one department is not 
more distinct from and independent of the Executive than the other, 
and the history of the reign of Charles the 1st of England, and some 
of his predecessors, would have furnished precedents of the proceed- 
ings more perhaps in favor of vacating seats than suspending Judges. 
There is indeed a reason why Judges might be thought more in 
the way of tyrannick ambition than Members of Assembly; in case 
of prosecutions being commenced, the former would perhaps grant a 
Writ of Habeas Corpus even in the face of a Governor. Now, by 
locking up the whole Judiciary Department in a country where there 
is no Chancery, it became tantamount to a suspension of the Habeas 
Corpus Act; and thus the breach being effected by a political finesse, 
the genious of arbitrary government might soon be introduced. 

But a superficial acquaintance with history would have showi^ 
those concerned that in England the claim of the Executive Author- 
ity of a controlling power over Judges, and that over Members of 
Parliament, ceased nearly at one and the same time, that is to say, 
they both ceased when the nation became too enlightened to wear 
the shackles of tyranny, and when it was virtually received as a 
principle in government that to be nominally a ruler was to be in fact 
a servant of the people. With us in America this badge of tyranny 
on the one hand, and of slavery on the other, never had place, even 
before the Revolution, but in the same manner and on the same foot- 
ing as taxation without representation, or any other unconstitutional 
exertion of powers, and it is hardly probable that, at this early period 
of our emancipation from such claims on the part of Britain, we shall 
freely and voluntarily, witliout at least a struggle for it, resign into 
the hands of one of ourselves, under the name of Governor, so in- 
valuable a privilege as the independence of Judges. 

Although the public have been already presented with the resolvij 
of the Executive for suspending us, yet, as that act makes a part of 
the present statement, we have subjoined a copy thereof, and some 
other proceedings thereon, to this publication, and shall conclude by 
observing, that, if it was deemed necessary to pass an act of in- 
demnity to the Administration of 1785, for having without the ex- 
press authority of law, though evidently for public good, appointed 
two supernumerary Justices of the Peace, we are at a loss to tell 
what will be sufficient to satisfy the consciences and save the 
reputation of that of 1786, for having contrary to the rights of hurnan 
nature, our own local Constitution, and their positive oath of office, 
endeavored to annihilate a whole Department for no other crime than 
daring to question the legality of an Order of Council; and so_ un- 
fortunately situated do the Executive appear to be in this business 
that it is impossible to acquit them of one charge without establishing 
upon them another. If they say they did not mean to annihilate the 
Department itself, it is clear they wished to reduce it to such a foot- 




it 



THE GEORGIA HISTORICAL QUARTERLY. 217 

ing as to be upon any future occasion liable to be filled as the Gov- 
ernor and Council might think proper. There is an obvious distinc- i ; 
tion between a vacancy happening and a vacancy made; to provide 
against the one is a necessary object in every government, but to 
permit the other is at once to surrender the most valuable right we 
possess. We are, Mr. Johnston, 

Your humble servants, 

JOHN HOUSTOUN, 
JOSEPH CLAY, 
WILLIAM O'BRYEN, 
WILLIAM GIBBONS, 
WILLIAM STEPHENS, 
RICHARD WYLLY, 
PETER DEVEAUX, 
SAMUEL STIRK, 
JAMES JACKSON, 
GEORGE WALTON. 



COPY OF THE LETTER ABOVE REFERRED TO. 
Sir: 

Being informed that Mr. Stewart, assistant to Mr. Milton in the 
Secretary's office, had directions to move the several papers in that 
office to Augusta, among which were the records of this county from 
the first settling of this state until the present period, and which, by 
the mode established under our Constitution, do not now belong to 
that office, but to the Clerk of the county where the records of 
each county are, by the 50th article, directed to be deposited. 

Under this idea, and impressed with the great distress that must 
naturally ensue to the inb.abitants of this part of the State, should 
their records be removed to so great a distance from them and being, 
at same time, well assured, that it could not be the intention either 
of the Legislature or Executive Authority to remove any but public 
records, and not such as were entirely local, as those we are remark- 
ing on undoubtedly are, at least nine-tenths of them, relating to the 
property of the lower counties only. 

\\'e have caused them to be lodged in the Clerk of the County's 
Oft'ice and have taken this acknowledgment for the receipt of them, 
specifying each book, its contents and the number of pages, to pre- 
vent, as far as may be, any injury to those concerned, a copy of 
which you will receive herewith, and which will also be recorded in 
the Clerk's Office, and placed on the records of the Court. 

We hope this measure will meet with your Honor's and the 
Honorable the Council's approbation, being entirely consistent with 
justice, public convenience, and the spirit of the Constitution. 

We have been thus early in giving you and them information of 
our proceedings in this business to prevent any evil impression there 
are always too many ready on such occasions to do. 



218 



THE GEORGIA HISTORICAL QUARTERLY. 



We have only to assure you, that nothing on our part will ever 
be wanting to give support to government, and render it respectable, 
as far as our respective situations may enable us. We have the honor 
to be, Sir, 

Your most humble servants, 

JOSEPH CLAY, 
WILLIAM O'BRYEN, 
WILLIAM GIBBONS, 
WILLIAM STEPHENS, 
RICHARD WYLLY, 
SAMUEL STIRK, 
JAMES JACKSON, 
GEORGE WALTON. 



To the Hon. Governor of Georgia. 



Extract from the minutes. 
G. HANDLEY, Sec'y. E. C. 



PROCEEDING OF COUNCIL REFERRED TO. 
GEORGIA. 

IN COUNCIL, Augusta, i;th March, 1786. 

The Board proceeded to the order of the day; whereupon the fol- 
lowing determination and orders were taken : 

When the events of human affairs are pregressing to anarchy, and 
the leading principles of the Constitution are infringed, the laws and 
ordinances violated, and when the conductors of the opposition to 
the known order of government are chiefly persons whose peculiar 
situation renders the guardianship of the laws the object of their 
care, the crime is peculiarly aggravated. 

The violation of public duty with respect to office, as well as that 
of good faith in the citizen, are objects of such magnitude as become 
truly interesting to the dignity and welfare of the commonwealth. 

The Board, from the urgent necessity occasioned by such unwar- 
ranted proceedings, and in order therefore that the fountain of jus- 
tice may run pure, and the laws and ordinances may be fully executed 
in the County of Chatham, have and do solemnly and unanimously re- 
solve as follows : 

That John Houstoun, Esquire, appointed to the office of Chief 
Justice, be, and he is hereby suspended from exercising the duties of 
the aforesaid office. 

That Joseph Clay, William O'Bryen and William Gibbons, 
Esquires, be, and each of them are l?ereby suspended from the office 
of Assistant Justice of Justices for the County of Chatham. 

That William Stephens, Richard Wylly, Peter Deveaux, Samuel 
Stirk, James Jackson, Esquires, be, and each of them are hereby sus- 
pended from the office of a justice or justices of the peace for the 
County of Chatham. 



: 



THE dEORGIA HISTORICAL QUARTERLY. 



219 



The Board then postponed the further consideration of the com- 
munication of the Secretary of State until tomorrow morning ten 
o'clock. 

Ordered, That tomorrow be the order of the day to proceed tq 

fill up the intermediate vacancy of a chief justice, occasioned by 

the suspension of John Houstoun, Esquire, and also the vacancies of 

three Assistant Justices for the County of Chatham, occasioned by 
the suspension of Joseph Clay, William O'Bryen and William Gib- 
bons, Esquires. 

Extract from the minutes. 

G. HANDLEY, Sec'y. E. C. 

N. B. The said vacancies were accordingly filled up on the next 
day, by the appointment of another Chief Justice and three other 
Assistant Justices. 



In the issues of the Gazette for May ii, i8 and 25 the 
first page is taken up with official acts of the Governor and 
Council and documents incident to those acts, in pursuance 
with an order calling for their publication. Beginning with 
the extract from the ordinance touching the location of the 
public offices at Augusta for the time being, the series of acts 
continues with the Governor's request for an appropriation 
to cover the expense of removal ; notice of the election of 
John Houstoun as Chief Justice, with order to Jos. Clay and 
others to qualify him; the appointment of Pearre to remove 
the books, &c. ; a list of records delivered to James Bulloch, 
Clerk of Chatham County, with his receipt, said list certified 
by the officers surrendering them, followed by the 50th arti- 
cle of the Constitution ; affidavit of James M. Stewart, Clerk 
in Secretary's office, Augusta, that Messrs. Walton, Clay, 
O'Bryen, Gibbons, Stephens, Stirk, Wylly, Jackson, DeVeaux 
and John Houstoun did, on the 21st of February, call at the 
oft'ice of the Secretary in Savannah, which was locked, that 
several of them requested admittance, which was refused, 
and that on his return after absence on business he found 
them in his oft'ice when, without his consent, they took awa' 
the books referred to in the list given above; letter of John 
]\Iilton, Sec'y- of State, to the Governor, reciting the above 
iacts, and referring to his Honor the question whether those 
g-ntlemen had the right, under the 50th article of the Con- 
stitution, to hold those records; letter of the said gentlemen 



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220 THE GEOKGIA HISTORICAL QUARTERLY. 

to the Governor, admitting the truth of all the facts, and 
claiming their action was in the discharge of their duty, hop- 
ing it would be approved by the Governor and Council, "be- 
ing entirely consistent with justice, public convenience, and the 
spirit of the Constitution," and ending with the assurance of 
their desire "to give support to government, and render it 
respectable as far as our respective situations may enable 
us;" the act of Council "from the urgent necessity occasioned 
by such unwarrantable proceedings," &c., in suspending from 
office the Chief Justice, Assistant Justices and Justices of 
the Peace of Chatham County; the appointment of William 
Stith, senior, as Chief Justice, and Nathanel Greene,* Joseph 
Habersham and William Gibbons, junior. Assistant Justices 
for Chatham County ; statement that at the same time Wil- 
liam Stith, senior, attended Council and took the oath o' 
office ; order that a copy of the communication of the State 
Secretary, and other papers, be sent to the Attorney General, 
and that he cause such process to be instituted as the laws of 
the State warrant and direct ; authority to new appointees to 
constitute a Court, and to demand immediate surrender of the 
records, &c., with the appointment of Abraham Baldwin, Wil- 
liam Few and Peter Carnes "in aid to the Attorney General 
in all cases touching the communication of the Secretary of 
State; all ending with an order that publication be niade of 
the foregoing matters. 

Another long letter from "Georgiensis" was printed in the 
Gazette for May 4, in which he was "happy to perceive that 
most persons agree in declaring that the Executive have not 
the power to suspend Judges," and ended by saying that "If, 
from an infringement of the law, an evil should arise, so 
alarming as to demand immediate removal, and yet not admit 
of the interference of the Executive, the Legislature might 
be convened, and the application of a remedy be referred to 
them." 



*The appointment of General Nathanael Greene was made March 
18, 1786, and he died June 19, following. 



THE GEORGIA HISTORICAL QUARTERLY. 221 

Other correspondents expressed their opinions on the 
matters which produced so much agitation, but we give only 
the very severe arraignment of Governor Telfair by one call- 
ing himself "Legion," in the Gazette of June 15: 

TO HIS HONOR, THE GOVERNOR. 

"Freedom of the Press, and Trial by Jury, to remain inviolate 
forever." — 6th Article of the Constitution. 

If physical cause have an influence on the moral faculty, it would 
be no difficult matter to trace the spring of your actions, since your 
prom.otion to the first office in the state; but, as we do not mean to 
blend your misfortunes with your faults, we shall pass the first over 
in silence and pay some little attention to the latter. 

It is the peculiar happiness of these states that each of them has 
^. written constitution, which may with propriety be styled the social 
Compact of the Citizens; and it is as remarkable as true that there 
is no other nation under the sun, nor do we read of any formerly, 
whose government is, or was, founded on a written constitution, 
wherein the powers of the several branches of the government have 
been accurately defined. 

The constitution of this state divides the government into three 
great departments, viz. the Legislative, the Judiciary, and the Execu- 
tive, and neither can "exercise the powers properly belonging to the 
other," without a breach of the Constitution and a violation of the 
people's rights. To this general rule, however, there is one excep- 
tion ; the 4Qth article declares, that "every oft'icer of the State shall 
be liable to be called to account by the House of Assembly," thereby 
vesting the House of Assembly with ample authority to try and punish 
"every officer of the state" for misconduct, maladministration, etc., 
in an official capacity. 

Your gubernatorial conduct has attracted the attention of almost 
every individual in the state ; some are your friends, many are your 
enemies; but all join in condemning your measures. Whether the 
weakness of your head or the depravity of your heart has been most 
concerned in this business is not for us to inquire; nor whether the 
triumvirate that formed your cabinet council (who in the hour of 
danger have deserted your standard) first urged the idea of arbitrary 
power on your bewildered imagination; still the action is your own, 
and you stand accountable to "God and your country," by whom you 
will "be tried. To follow the old and pious custom on such occasions 
after producing the charges, compassion may prompt us to say: "God 
send you a good deliverance !" 

I. — Yoii have assumed the Judicial authority, by condemning ten 
gentlemen, respectable citizens of the state, and inhabitants of the 
County of Chatham, for a supposed infringement of law, without 
summons, bearing, charge, or trial. 

2. — You have assumed the Legislative authority, by appointing 
Assistant Justices for the County of Chatham, without any "vacancy 
happening" in those offices to warrant such appointments. 





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223 THE GEORGIA HISTORICAL QUARTERLY. 

3. — You have assumed arbitrary and unconstitutional powers, bj' 
suspending Judges and Justices of the Peace, for their action as pri- 
vate citizens, thereby taking away "Trial by Jury," the terror of 
tyrants and sacred right of the people. 

4. — You have suspended a solemn law of the state, by refusing 
credentials to a gentleman who is, by that law, appointed an Agent in 
the controversy now subsisting between this state and the state of 
South Carolina, in whose acknowledged abilities and long experience 
as a lawyer and a statesman the citizens of this state, most imme- 
diately interested, principally depended; thereby endangering the loss 
of that important cause to the state, and of considerable property to 
many industrious families. 

5. You have refused to furnish credentials to one of the Con- 
tinental Delegates, thereby counteracting the constitutional proceed- 
ings of the Legislature, injuring the Federal government by retarding 
the alteration of the 8th article of the Confederation, the law of this 
state requiring THREE Delegates to ratify the change. 

6. — You have virtually suspended the Commissioner of the Loan 
Office, who is a Continental officer, by refusing to administer to him 
the oath of office, and to take the security directed by Congress, 
thereby depriving the citizens of this state who are creditors of the 
United States of those benefits which public creditors are now en- 
joying in our sister states. 

7. — You have mutilated the records of the Executive Council, 
which are records of the state, and published spurious extracts, with 
a design to impose them on the good people of this state as genuine, 
thereby degrading the honor of government, the authenticity of all 
its public proceedings, and tending to bring the faith of the state into 
contempt. 

These are the outlines of some of the many charges on which it 
is probable you will be arraigned by the Legislature at their next 
meeting. Whether you attempt to justify your conduct from precedent 
or, like Lord Chancellor Bacon, who lived in the reign of James i, 
of England, (with not one thousandth part of his abilities) you confess 
your crimes and sue for mercy, yet your injured country will demand 
redress. However the latter conduct may blunt the edge of resent- 
ment, your offences are of such a nature that you cannot reasonably 
hope to escape unpunished. 

Having thus stated the business generally, we shall postpone a 
further inquiry for some future paper. 

If aught will raise compassion in the breast of your peers, it is 
the ingratitude of your advisers, for it is said "there is honor even 
among thieves;" had you been successful in the attempt for arbitrary 
sway, they would, exclusively have basked in the sunshine of your 
power; but, fortunately for us, the scene is reversed, — you have failed 
in the attempt, and, "the Northern Star," 

Who rose like the rocket, but falls like the stick, 
Has playd you, like Arnold, a slippery trick. 

LEGION. 




THE GEORGIA HISTORICAL QUARTERLY. 233 

Bishop Stevens, in his second volume, page 370, says that 
General Greene learning the facts, declined to serve, and he 
and Joseph Habersham resigned on the i6th of April. He 
adds : "The real merits of the case were very much distorted 
•n the personal bickerings and party animosities which it 
fomented. The Governor laid the matter before the As- 
sembly in July ; though it was not until the 20th of November 
that the Secretary, having informed the Governor that he had 
received the books, the Council, on the same day 'removed 
every order and process directed in consequence thereof,' and 
the affair was amicably settled. The gentlemen of Savannah 
■^vere evidently wrong; for, by their own showing, the docu- 
ments which they retained were not merely those pertaining 
to Chatham County, but papers of the Trustees and President 
and Assistants of the Colony, acting for the whole territory 
embraced within the chartered limits of Georgia, and also 
records relating to property in other Southern Counties. 
Their action was indeed 'disorganizing in its tendency ;' and 
it showed the promptness and vigor of Govrnor Telfair's 
administration that he took such effective measures to sus- 
tain the dignity of the Government and the majesty of the 
law. The circumstance is an instructive one, as it shows 
how a small question, of local interest, can act as the sharp 
edge of a wedge which, if driven home with force, may 
cleave asunder whole communities."' 

A fact worthy of mention is that so little seems to be 
known of W'illiam Stith, senior, to whom such high honor 
was paid. In an account of "The Bench and Bar of Geor- 
gia," written by the late Mr. Charles N. West for a voluminous 
work, "^lemoirs of Georgia," he said that "Here we 
have another name which is nothing but a name, so far as 
the discharge of judicial duties is shown by the records of 
court, but of Chief Justice Stith there is no other public 
record known to us." Mr. Charles Edgeworth Jones com- 
piled some years ago a list of the judicial officers of Geor- 
gia, and mentioned the names of William Stith and William 
Stitli, Jr., but gave no information of them, saying that "The 



234 THE GEORGIA HISTORICAL QUARTERLY. 

records throw no light upon the subject." Mr. Thomas 
Spalding, writing to Stephen F. IMiller, author of "The 
Bench and Bar of Georgia,*' from Sapelo Island, Oct. 19, 
1850, said: "Admitted to the bar more than fifty years ago 
(certainly as far back as 1795), every gentleman that was on 
the bench in Georgia for the first twenty-five years after the 
Revolution I have received kindness from and personally 
knew, except one — the old Judge Stith, whom I never saw. 
His son, WilHam Stith, afterwards Judge, I was intimate 
with. He was a good lawyer, an amiable and honorable and 
respectable man." We have not been able to ascertain the 
relationship of Justice Stith with the historian of Virginia. 
The elder Stith must have been a close friend of Governor 
Telfair, as the notice in the Gazette of the death of his wife, 
from small-pox, July 3, 17S6, shows that it occurred at the 
house of the Governor. 

In order to make this record more complete, we state 
that Seth John Cuthbert died November 10, 1788. 



THE GEORGIA HISTORICAL QUARTERLY. 225 

QUERIES AND ANSWERS. 

Engineer. — Please give me some information as to the 
steamboat said to have been invented by one WilHam Long- 
street, of the State of Georgia. 

Without attempting to give our correspondent all the in- 
formation at hand on this subject, we gladly give the follow- 
mg: By an act of the Georgia Legislature, approved Feb- 
ruary 1st, 1788, the sole and exclusive privilege was secured 
by Isaac Briggs and William Longstreet of using for fourteen 
3^ears a newly constructed steam engine invented by them. At 
a meeting of the New Jersey Historical Society, held January 
23, 1879, "Mr. Peter A. Voorhees submitted a certified copy 
of a letter from William Longstreet of Georgia, grandfather 
of General Longstreet of the Confederate Army, written to 
the Governor of that State, showing that between the years 
of 1787 and 1790 he had constructed a steamboat on the Sa- 
vannah river. Mr. Voorhees stated there could be no doubt 
of the construction of the boat, but it was soon after de- 
stroyed," 



i- 




226 



THE GEORGIA HISTORICAL QUARTERLY. 



EDITOR'S NOTES. 

Mr. Ashmore's article in this nutnber forms a fit con- 
clusion to the story of the Confederate Treasure contributed 
by him to the September Quarterly. We are glad to give it to 
our readers, who will, we are sure, be pleased with an account 
of the Virginia banks funds which, although taken along with 
the money held by the Confederate Secretary of the Treasury, 
were, contrary to common belief, not a part of the same. 



The Georgia Historical Society has recently received as a 
gift from our generous member, Mr. J. A. G. Carson, a valu- 
able collection of books from his private library, mainly re- 
lating to the history of the City of Baltimore and the State of 
Maryland. 

The Library has also come into possession of books of 
more than ordinary interest presented by Mrs. Anna B. Karow, 
the family of the late General W. W. Gordon, and Mr. Charles 
P. Connery, during the year just closed. 

A handsome volume has very recently come to the Library 
from Mrs. Kate Flannery Semmes, compiled by her husband, 
the late Mr. Raphael T. Semmes, on "The Semmes and Allied 
Families," and just printed. It is a valuable addition to the 
costly collection bequeathed to the Library by Mr. Semmes, to 
which the widow added a number of useful publications as her 
personal contribution. 



\Hi 



INDEX 



229 



Page 
Abbeville, S. C 121 et seq 

Abraham, Capt. Lot 138 

Adams, John 66, 102 

African Slave Trade, Geor- 
gia and 87,118 

Alexander, E. P 126 et seq 

174 et seq 

Alexander, Felix R 137 

Allen, Rev. Moses 3, IS 

Altamaha Scouts 18 

Amason, G. 21 

Anderson, David 14-17 

Andrew, Benj. 12 

Andrews, Miss E. F 135, 178 

Andrews, Wm. Loring 67 

Arg>-le, Dttke of 166 

Ashmore, Otis, article 

by 119-138, 167-171, 197-226 

Atlanta Constitution 175 

Augusta, Ga. 35, 112 et seq 

Aury, Louis loi 

Averj', L W 137 

Axson, Rev. Dr. L S. K 18 

Bachcroft, Ann 24 

Bacon, Rev. Augustus 10, 15 

Bacon, E. H 17 

Bacon, Samuel 5, 14 

Bader, Julia 52 

Baillie, Kenneth 8 

Baker, Benjamin 5, 6, 11, 15 

Baker, Elijah 12 

Baker, John E 18 

Baker, Col. John 3, 6 

Baker, Nathaniel 12 

Baker, Wm. 5, 6, 17 

Baldwin, Abraham 199 et seq 

Barkesdale, James 182 

Barlow, S. L. M 81 

Barrow, Mrs. Elfrida 85 

Bartlett, J. R 81 

Barnett, Sam 183 

Beam, Anna 52 

Beauregard, P. G. T 122 

Benjamin, Judah P 125 

Benton, Thos. H 112 

Berrien, John M 111,199 

Bethlehem Seminary, pupils 

from Georgia 53-56 

Bigham, G. 49 

Billups, Lieut. 121 

Bolton, Robert 161 

Boone, Thos. 25,26,43-46 

Boston Athenaeum 81,86 

Bowen, Oliver 30 

Bowker, R. R 86 

Box, Philip 1 159, 161, 162 



Page 
Bradford, Wm. G., Lieut-_i23, 136 
Bradwell, S. D 18 

Bradwell, Thos. 13, 15 

Bradwell Institute 20 

Bragg, Braxton 131 

Breckinridge, J. C. 

123 et seq 183 et seq 

Brewer, Jesse 21 

"Bridge Wars" 10 

Briggs, Isaac 225 

Brinley, George 81 

Brooke, R. T 196 

Brooks, Jordan P 88 

Brooks, Prof. R. P 63 

Brown (John Carter) 

Library 86 

Brown, N. 21 

Brown, Thomas 35 

Brownson, Nathan 24 

Bryan County and Fort 

Argyle 166 

Bryan, Jonathan 27 

Buchanan, James 107 

Buffalo in Georgia 57 

Bulloch, Archibald 

23, 152, 156, 157, 155,- 

Bulloch, James 214 et seq 

Busby IS 

Butler, W. H 18 

Calhoun, John C 112 

Campbell, Col. Archibald 32, 33 

Campbell, Given. .129, 130, 135, 137 

Candler, A. G 63 

Carlyle, Thomas 83 

Carnegie Institution 82 

Carnes, Peter 220 

Carr, Mark 4,8 

Carr, Thos. 9 

Carroll, B. R 65 

Carson, J. A. G 226 

Carter, Thomas 163 

Caxton, Wm. 66-67 

Charles V., Emperor 105 

Charlotte, N. C 29, 121 

Charlton, T. U. P 77 

Charters, Dr. W. M 88 

Chatham Artillery 18 

Chenault, Dionysius 173 et seq 

Chenault, Mrs. D 178, 182 

Chenault, Frank 178 

Chenault, John N 178 

Chenault, Miss Mary Ann 

178 et seq 

Chester, S. C 121 et seq 

Church, E. D 83,86 

Clark, M. H 124 et seq 




230 



INDEX 



Page 

Clay, Jos. - 163, 206 et seq. 

Clinton, Sir Henry 34,36 

Cloud, Rev 13 

Cobb, Mrs. Maude Barker_-63, 86 

Cochrane, James I3 

Coerr, Mrs. Audrey 85 

Cole, Geo. W 83 

Cole, T. L 85 

Colonel's Island 9, I3 

Confederate Museum 81 

Confederate States Constitution 73 
Confederate Treasure, 

story of 119-138 

Connery, Chas. P 226 

Conway, Sec'y- ; 27 

Cooley, Capt. 183 

Cooper, Mr. I7 

Cornwallis, Lord 34, 35 

Croft, John 17 

Crooke, Rich. Cunningham 

159, 161, 162 

Cummin?, Wallace 88 

Curtis, Rev. Thos 10 

Cuthbert, Seth John 199 et seq 

Daily, Miss Carrie L 86 

Daniels, Rev. D. G 20 

Daniels, Enoch 18 

Danville, Va. 121 et seq 

Darien 4 

Darsey, Jas. 20 

Darsey, J. M. 21 

Darsey, Wm. 21 

Dartmouth, Earl of 28,31 

Davis Jefferson 

74, ii9et seq, 173 et seq 

Davis, Wm. H 88 

Deane, Stephen 157, 161 

DeBrahm, J. G. W 3,64,68 

Delegal iS 

De Renne, Eveiard 70 

De Renne, Mary 70 

De Renne, G. W. J.-66, 67. 68 et seq 

De Renne, Mrs. G. W. J 74 

De Renne. Wymberley Jones.63-88 

De Renne, W. W 8s 

De Renne Georgia Library— 63-88 

De Veaux, Peter 207 et seq 

Dibrell, G. C 123,136 

Dorchester 5. I5, 20 

Dow, Lieut. 4 

Dowse, Gideon 12 

Draper, Lyman C 66 

Drayton, Col. 183 

Duff, E. Gordon 67 

Duke, Basil W 123 et seq 



Page 

Dunham, Geo. T 18 

Dunwody, James 12 

Eames, Wilberforce 85 

Editor's Notes 60,115,167,226 

Edmunds, Rev. Jas 9 

Egmont, John Perceval, 

Earl of 69,81 

Egremont, Chas. W>Tidham, 

Earl of 26, 77, 116 

Elim 20 

Elliott, Grey 43, 45, 46 

Elliott, John 5, 8, 12 

Ellis, Henry 22 

Enon 20 

Estaing, Count d' 33 

Evans, Chas. 81 

Evans, Middleton 4 

Ewen, Wm. 

__23, 79, 152-156, 157, 159, 161, 162 

Faden, Wm. 75 

Ferguson 123 

Ferrill, Tohn C 88 

Few, Wm 199 et seq 

Field, T. W 81 

Fitz Simons, Miss E. M 86 

Fleming, P. W 14, 17 

Fleming, W. A 17 

Flemington 14,20 

Flisch, Miss Julia A 63 

Floyd, Gen. John 75 

Ford, W. C 85 

Fort, x'VrgvIe 166 

Franklin, Benjamin, article on 

150-164 

Franklin. Wm. 150 

'-"raser, Simon 13, 15, 17 

Gage, Gen. Thos i 

Gallaudet, James 88 

Galphin's Fort 35 

Gambold, John 49 

Georgia and the African 

Slave Trade 87-118 

Georgia Boundary Line 200 

Georgia, Early Description 

of 37-42 

Georgia, Gov't, of, after 

Trustees 165 

Georgia Historical Ass'n 86 

Georgia Historical Society 

63-86, 168 

Georgia History, Neglected 

Period 198-224 

Georgia Ordinance of Secession 74 

Germain, George, Lord 32 

Gibbons, Jos. 152, 157 

Gibbons, Wm. 206 et seq 




INDEX 



231 



Page 

Gildersleeve, Rev. Cyrus 13 

Gilman, Samuel 66 

Gilmer, Geo. R 78 

Girardeau, Isaac 5 

Girardeau, J. B 17 

Girardeau, Richard 5 

Girardeau, Wm. 12 

Gordon, W. W. and family 226 

Graham, John Z3>, I59. 163 

Grant, U. S 119 

Gratz, Simon 66 

Green, Mrs. T. M 178 

Greene, Nathaniel— 34, 35, 220, 223 

Greensborough, N. C 121 et seq 

Griswold, A. W 66 

Guilford Court House 34 

Gwinnett, Button 24, 66, 69 

Habersham, James 

7,28,29, 152-164, 167 

Habersham, Joseph 31, 220, 223 

Habersham, Wm. Neyle 88 

Handley, G. 201 et seq 

Hagen, Jno. 48 

Halifax, Lord 9 

Hall, Lyman 24 

Hammond, Samuel 17 

Harden, Jno. L 21 

Harden, Wm. __.22, 80, 86, 198-224 

Harn, John 4 

Harris, Joel Chandler 81, 114 

Harris, Jno. T 196 

Harvard Library 81,86 

Hasse, Miss A. R 63 

Hawkins, Benj. 114 

Hays, Dr. I. Minis 65 

Heard, Stephen 24 

Heitman, F. B 165 

Hendren, Jno. C 126, 132 

Heron, Col. Alexander 4 

Hewatt, Alexander 65 

Hicks, Chas. R 49 

Hildeburn, Chas. S. R 81 

Hillyer, Geo. 200 

Hines, Charlton 14, 15 

Hinesville, Ga. 20 

Hitchcock, Capt. —9, 12, 13 

Holmes, Rev. Abiel 13, I5 

Houstoun, John 24, 199 et seq 

Houstoun, Sir Patrick 163 

Houstoun, Wm. 199 et seq 

Howitt, Mary 66 

Howley, Richard 24 

Hughes, A. J 18 

Hughes, Wm. 18,21 

Huntington, Henry E 83,85 

Hussy, Anna 52 



Page 
Indians of Southwest Ga., An- 
tiquities of 145-149 

Isaacs, Wm. B 185 

Isaacs, Wm. B. & Co 185 et seq 

Jack, Samuel 211 

Jack, T. H 63,86 

Jackson, Henry R 87 

Jackson, James 65, yj, 207 et seq 

Jackson, Richard 150 

Jameson, J. F 85 

Jefferson, Thomas 94, 102, 112 

Johnson, Lewis 152, 156 

Johnston, Alexander 87 

Johnston, Joe. E iigetseq 

Johnston, Richard Malcolm... 81 

Johnston, Wm. Preston 121, 129 

Jones, Rev. C C, D. D 16 

Jones, C. C, Jr. 

63-71 et :eq, 114, 198 

Jones, C. Edgeworth 223 

Jones, George 67 

Jones, John 3 

Jones, Joseph 17 

Jones, Noble 67, 152-163 

Jones, Noble W 27,67,151-163 

Jones, Samuel 14 

Jones, Seaborn 21,202 

Jones' Creek 15,20 

Jonesville 14 

Karow, Mrs. Anna B 226 

King, R. B 15 

Kipling, Rudyard 83 

Knapp, Noah B 88 

Knight, Lucian L 63 

Knox, Wm. 36, 46, 49 

Lanfly, Erdmuth 52,65 

Langly, Becky 52 

Lanier, Sidney 81, 139-144, 167 

Law, Benjamin 13 

Law, Joseph 17 

Law, Josiah 10 

Law, Josiah S 10 

Law, Samuel S 9, 17 

Law, Wm. 19 

Lawton, Alex. Robert 128, 137 

Lee, Robert E 74,119,196 

Leiter, Levi Z 81 

Livingston, Luther S 76, 83 

Liberty County, Ga 1-21 

Liberty Guards 18 

Liberty Independent Troop 17 

Liberty Volunteers 18 

Library of Congress 81 

Limerick, Ga. 4 

Lincoln, Benjamin 74 

Lippman, Jos. 88 



M 



V 



282 



INDEX - 



Page 
Longfellow, H. W 51 

Longstreet, A. B 78 

Longstreet, James 225 

Longstreet, Wm. 225 

Louisville Courier-Journal 

174, 177 

Lubbock, F. R 129, 137 

McAllister, Matthew 11 

McCall, Hugh 26, 72, 198 

McCall, Jno. 199 

McDuffie, Geo. 107 

Mcintosh, Lachlan 165 

Mcintosh, T. H.. article by 

145-149,167 

Mackall, Leonard L., article by 

63-88 

Mackall, Wm. W. 60 

McLain, Mr. 12 

McLendon, Capt. — 176, 177 

McWhir, William 9. I3 

Madison, James 102 

Maidman, Capt. 2t 

Maitland, John ZZ 

Mallard, Cyrus 17 

Mallard, Jno. B., address by — 1-21 

Mallory, S. R 121 et seq 

Marshall, Fred'k. Wm 49 

Marshall, Jno. M 20 

Martin, Clement 152 

Martin, John 9,24,204 

Martyn, Benjamin 7, 75 

Massachusetts Historical So- 
ciety 80,81,85 

Maxwell, Audley 4. 5 

Maxwell, James 8 

Maxwell, William 17 

Maxwell, Wm. B._ 78 

Mead. H. R 85 

Mecklenburg Resolutions 29 

Menzies, Wm. 67 

Mercer, Chas. Fenton 108 

Middleton, Jno. R 21 

Midway, and Midway Church 

4, 5, II, 12, 13, 14, 16, 17, 18 

Milledge, John —152, 156, I57, I59 

Miller, Stephen F 224 

Milton, John 199 

Mingo (colored man) 15, 16 

Minis, Abram 88 

Minis, J. Florance 65 

Mitchell, Donald G 69 

Mitchell, Henry 75 

Molineux, Gen'l. 137 

Monroe, James _.: 100 

Montgomery, Rev. J. W 20 

Moore, Francis 48 



Page 

Moore, Geo. H 69 

Moravians in Georgia and 

Penn'a 47-56 

Morgan, Jas. Morris 135 

Morrison, H. A 81 

Moses, R. J 124 et seq 

Moss, Mrs. J. D 180 

Mountgomery, Sir. Rob't 83 

Mount Hope, Ga 4 

Muller, Ludwig 49 

Mullryne, Jno. 32, 152, 157, 159 

"Negro Myths from the Georgia 

Coast" 114 

Netherclift, Thos. 163 

Newberry, S. C 121 et seq 

Newcastle, Duke of 74 

New England Historic Genea- 
logical Society 67 

New Inverness 4 

New Jersey Historical Society-225 

Newport, Ga. 7-13 

New York Public Library 

82, 85, 86 

New York State Library 66 

Nicholson, Jno. P 81 

Nicoll, John C 87,90 

Nitschman, David 47 

Norman, W. S 18 

Norris, Rev. Jno. G 20 

Northern, W. J 67 

North Newport, Ga 20 

North Newport Bridge 11 

Nutt 132 

O'Bryen, Wm 206 et seq 

Odingsell, Chas. 159 

Oglethorpe, James £.-22,37,38,39 

Okefinokee Swamp 114 

Olivet 20 

Osborne, Henry 199 

Osgood, Rev. Jno 5, 12, 14 

Ott, John 132 

Paltsits, V. H 85 

Parker, Henry 22 

Parker, H. C 21 

Parker, Wm. H 121 et seq 

Parton, James 150 

Patrick, Gen'l. M. B 186 

Peacock, Capt. 9 

Peabody, James, Jr 202 et seq 

Pendleton, Nath'l. 199 et seq 

Pennsylvania Hist. Society 

66, 81, 86 

Philadelphia Library Co 81,86 

Philbrook, Walter 131 

Phillips, U. B 63,78 

Pierce, Wm. 199 et seq 



INDEX 



233 



Page 
Pitts, 25 

Poinsett, Joel R 107 

Popple, Henry 75 

Porter, Anthony 88 

Powell, James 13 

Powell, Jas. Edward 

_ 152, 159, 161, 162, 163 

Price, Wm. 85 

Procter, Adelaide A _ _ 79 

Protest and Caveat of Sir 

James Wright 43-46 

Pulaski, Count 5i,S2 

Quarterman, Aunt Sally 16 

Quarterman, Jno. 5i I4 

Quarterman, Jno. W . 20 

Quarterman, Jos. 6 

Quarterman, Rev. Rob't 16 

Quarterman, Sharper (colored 

man) 16 

Queries and Answers 

67, 114, 165, 225 

Rabun, John W 88 

Raleigh, Sir Walter 58, 59 

Ramsey, Mrs. Sallie C 179 

Rand, Dr. Benj 69 

Ravenel, Mrs. St. Julian 68 

Read, James 159, 163 

Reagan, J. H 123 et seq 

Reese, Wm. M 174, 176, 183 

Reid, Mrs. Whitelaw 82 

Reidel, Friedrich 49 

Reidel, Wm. C 51 

Rej-nolds, John 7. 11.22 

Ricci, Seymour de 67 

Riceborough, Ga. 11, 12, 16 

Rich, Obadiah 81 

Richmond, Va 119 et seq 

171 et seq 

Ripley, Rev. Henry J 10 

Robberds, Jno. Wm 83 

Roberts, R. A 69 

Robertson, Dr. 176 

Robertson, Lieut. 17 

Rochefoucauld-Liancourt, 

Duke de la 84 

Rudolph, Michael 17 

Sabin, Joseph 81 

St. Clair, 35 

Salisbury, N. C 132 

Saltus, Jack (colored man) 16 

Salzburgers 80 

Sandersville, Ga 129 

Sandflies 57.58 

Sandhills I4 

Sargent, Winthrop 68 

Scarborough, ship 32 



Page 
Schley, Dr. James M 88 

Schruder, Thos. 163 

Screven, B. S 18 

Screven, Rev. C. O 9 

Screven, Gen'l James 2 

Semmes, Raphael 124 

Semmes, R. T 226 

Semmes, Mrs. R. T 226 

Shellabarger & Wilson 196 

Sherman, W. T 122 

Shumate, Mrs. Mary Ann 

_ 178 et seq 

Simms, Wm. Gilmore 66 

Simpson, John 152, 161, 163 

Slave Trade, Georgia and the 

87-118 

Smets, A. A 66 

Smiley, Jas. M 21 

Smith, Rev. Haddon 30 

Smith, John 152 

Smith, James M 18,21 

Smith, Rev. Samuel 75, 76 

Snelson, Floyd 20 

South Carolina 34, 35, 43-46 

South Newport, Ga 14 

Spalding, Chas. 17 

Spalding, Thos. 224 

Spangenberg, August Gott- 
lieb 47,48 

Stacy, John 13 

Steadman, Gen'l. 186 

Steamboat invented by Wm. 

Longstreet 225 

Steiner, Abraham 49 

Stephens, Wm. 22, jj, 207 et seq 

Stevens, Rev. Edward W 20 

Stevens, Henry 81 

Stevens, Rev. Henry J 10 

Stevens, John 8 

Stevens, Thos. 11,13 

Stevens, Wm. Bacon 65 

Stewart, Daniel 11,13,14 

Stewart, James M ___2i9 et seq 

Stirk, Samuel 207 et seq 

Stith, Wm., Jr 223, 224 

Stith, Wm., Sr 206 et seq 

Stokes, Anthony 163 

Strother, Jno. M 193, 194 

Stuart, John 26 

Sullivan, Dr. Jas. S 88 

Sumner, Edward 5 

Sunbury, Ga. 8-15 

Sweat, Rev. Farley R 81 

Swinburne, A. C 83 

Taarling, Peter 30 

Taylor, Wm. 83 



i 



234 



INDEX 



Page 
Taylor, Wm. G 189 et seq 

Taylor's Creek 15.20 

Tefft, I. K 65,66 

Telfair, Edward 30, 202 et seq 

Telfair Academy of Arts and 

Sciences 31 

Thackeray, W. M 79 

Thompson, W. G 18 

Thorburn, C. E 130 

Tobler, John 80 

Tomochichi 39 

Toombs, Robert 78, 138 

Tower, Charlemagne 81 

Tranquil Institute 20 

Trenholm, Geo. A 123 

Treutlen, Jno. Adam 24 

Trinity, Ga. 20 

"Uncle Remus" 114 

Urlsperger, Samuel 80 

Van Deren, Letitia 67 

Van Name, Addison 67 

Varnedoe, J. O., article by 

139-144, 167 

Vaughn, Jno. L 123 

Verelst, Harman 74 

Virginia Banks, Funds of 

171-197,226 

Von Gersdorf, Susan 52 

Voorhees, Peter A 225 

Wagner, Geo. 49 

Waite, Rev. J. T. H 20 

Walker, Joel 11 

Walpole, Horace 78 

Walthour, Andrew 14 

Walthour, W. L 17 

Walthourville, Ga. 14,20 

Walton, George 24, 30, 199 et seq 

"Wanderer" Case 87-118 

Ward, 12 

Warren, John 13 

Washington, George 

91, 102, 122 et seq, 173 et seq 

Way, Henry 21 

Way, J. E 18 

Way, Parmenas 5. 6, 14 

Way, Rev. Richard Q 20 

Wayne, Gen'l. Anthony 35 

Wayne, Justice Jas. M 87-118 

Webber, Miss Mabel L 86 



Page 
Wereat, John 24, 199 et seq 

Wesley, Rev. John 48 

Wesley Chapel 20 

West, Charles 4 

West, Chas. N 223 

Westberry, Rev. 20 

Wheless, Jno. F 121 et seq 

White, E. C 128, 135, 136 

White, Rev. George 68, 166 

Whitefield, Rev. Geo 50, 150 

Whitehead, John 17 

Wilde, Gen'l 177 et seq 

Wilder, John R 88 

Williams, Griffith 4 

Williams, Jno. C 189 

Williams, Rev. Jos. (colored). 20 

Willis, James 182 

Wilmington, Earl of 74 

Winn, Abiel 17 

Winn, John 5,6, 14, 15 

Winn, Peter 11, 12, 13 

Winn, T. N 21 

Winn, Thos. Sumner 10 

Winn, W. J 18 

Winship, G. P 86 

Winsor, Justin 63 

Wisconsin State Hist. Soc'y 66 

Wise 131 

Wohlfahrt, Rev. Jacob 49 

Wood, Henry n, 13 

Wood, John Taylor 129 

Woods, Jno. 200 

Woolley, Vardy 88 

"Wormsloe Quartos" 68 et seq 

Wragg, Dr. Jno. A 88 

Wren, Bishop Matthew 24 

Wright, Sir James-9, 22-36, 151-165 

Wright Family 24,25 

Wylly, Ale.x. 152, 153, 157, 158 

Wylly Richard 107 et seq 

Yale Library 86 

"Yazoo Fraud" ■ 81 

Young, Henry 163 

Young, Thomas 163 

Young, Wm. 159, 163, 164 

Zinzendorf, Count 47,48 

"Zouck's Old Field" n, 14 

Zubly, David 163 



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